This submission was filed on May 27, 2005, by the Airline Pilot's Association of Mexico. The submission deals with allegations of sustained and recurring actions of non-enforcement of labor law by the Mexican government over a five-year period. The submission alleges that the government of Mexico has failed to enforce its laws with regard to freedom of association and protection of the right to organize, and the right to bargain collectively. The submitter alleges that the government of Mexico is in violation of the Mexican Constitution, International Labor Organization Conventions ratified by Mexico, and the North American Agreement on Labor Cooperation.
Based on a thorough examination of the issues in this case, the U.S. NAO determined that the information provided by the submitters did not substantiate the allegations concerning the failure by the Mexican government to enforce its laws regarding the establishment of a craft union, especially in light of the Mexican Supreme Court's decision on November 25, 2005, which let stand a lower-court's ruling that ASPA was not entitled to establish a pilots-only union. As to the improper dismissal of workers, the submitters had substantially resolved their outstanding claims. Therefore, in accordance with its Procedural Guidelines, on July 7, 2006 the U.S. NAO's determined that a review of the submission would not further the objectives of the NAALC, and accordingly, declined the submission.