Submissions

There were a number of activities arising out of submissions originating in 1994, 1995 and 1996. Copies of specific documentation related to the submissions are available from the concerned National Administrative Offices (NAOs) (see VII. Annex for NAO addresses).

A. U. S. NAO Submission No. 94003

A submission involving alleged discharge of workers and discrimination against workers at a Mexican subsidiary facility in Nuevo Laredo, Tamaulipas of the Sony Corp., which manufactures videocassette recorder magnetic tapes, was reviewed by the U.S. NAO in 1994-1995. The U.S. NAO recommended Ministerial Consultations in its Public Report of Review dated April 11, 1995. The submission was from the International Labor Rights Fund, the Asociación Nacional de Abogados Democráticos (National Association of Democratic Lawyers), the Coalition for Justice in the Maquiladoras and the American Friends Service Committee. Ensuing consultations resulted in an agreement between the labor secretaries of Mexico and the United States, endorsed by the labor minister of Canada, calling for a program of activities including tri-national workshops and seminars on union registration and certification; a special study by independent Mexican experts on labor law dealing with union registration and its implementation, and a series of meetings by officials of Mexico's Secretariat of Labor and Social Welfare with workers, local labor authorities, and company representatives.

Seminars on union registration and certification procedures in the three countries were held with public participation in Mexico City, D.F., and San Antonio, Texas, in September and November 1995, and in Monterrey, Nuevo Leon, in February 1996.

In February 1996, the Mexican NAO published documents related to the seminars, the special study by independent experts, and the meetings called for in the agreement on Ministerial Consultations.

In June 1996, the U.S. NAO released a report summarizing and analyzing the results of the seminars and other aspects of the program resulting from Ministerial Consultations on Submission No. 94003. The U.S. Secretary of Labor directed the U.S. NAO to monitor developments in Mexico regarding union registration, and to report on the implications of decisions by the Supreme Court of Mexico on constitutional issues involving union registration in the public sector.

In December 1996, the U.S. NAO delivered the follow-up report requested by the U.S. Secretary of Labor. It reported on the current status of Sony workers, initiatives in Mexico to change the federal labor law, and decisions of the Mexican Supreme Court. It concluded that "potentially significant developments continue to take place in Mexico on a wide range of labor matters, including labor legislation, labor-management relations, labor-government relations, and within labor organizations themselves."

The three NAO reports are available from all three NAOs.

B. Mexican NAO Submission No. 9501

A submission involving the sudden closing of a Spanish-language telemarketing facility of the Sprint Corporation in San Francisco, California, alleged to be motivated by anti-union bias was reviewed by the Mexican NAO in 1995. The Mexican NAO recommended Ministerial Consultations in a Report of Review of the Public Communication issued in May 1995. The submission came from the Sindicato de Telefonístas de la República Mexicana (Telephone Workers Union of the Republic of Mexico). Ensuing consultations resulted in an agreement among the Labor Secretaries of Mexico and the United States and the Labor Minister of Canada dated February 13, 1996 calling for a three part program: 1) a public forum to be held in San Francisco, California, 2) a special study by the Secretariat on the effects of sudden plant closings on the principle of freedom of association and protection of the right to organize in the three countries, and 3) updating by the U.S. Secretary of Labor to Mexico's Secretary of Labor and Social Welfare on developments in the case that prompted the submission and the ministerial consultation.

On February 27, 1996 the public forum called for by the ministers was held in San Francisco, California, with presentations by workers affected by the plant closing, by union representatives from Mexico, the U.S. and Europe, by a law professor speaking on behalf of the company, by academic analysts and by labor and business representatives in the Canadian and Mexican delegations.

In October 1996, the Secretariat submitted a draft report "Plant Closings and Labor Rights" to the Commission's Council. A revised draft, responding to comments from the Council, was submitted in December 1996 and will be published in 1997 (see III. C).

In December 1996, the U.S. National Labor Relations Board (NLRB) ruled that the plant closing was motivated by anti-union animus, and ordered the employer to rehire affected workers into openings in other divisions of the company and to provide back pay for lost wages [LCF, Inc., d/b/a/ La Conexion Familiar and Sprint Corporation, 322 NLRB No. 137 (1996)]. The company filed an appeal against this decision in a federal court.

C. U. S. NAO Submission No. 9601

A submission involving union registration and representation rights in a merged ministry of the federal government of Mexico was received by the U.S. NAO on June 13, 1996 and accepted for review on July 29, 1996. The merger consolidated three government ministries - fishing, social development, as well as agriculture and water resources - into a single ministry. The union representing former fisheries ministry employees, Sindicato Unico de Trabajadores de la Secretaría de Pesca (Single Trade Union of Workers of the Fishing Secretariat), lost its right to represent employees within the merged ministry. The submission was made by Human Rights Watch/America, the International Labor Rights Fund and the Asociación Nacional de Abogados Democráticos (National Association of Democratic Lawyers). The submission raised issues concerning the federal labor law provisions requiring unions of government employees to be members of a specified central labor organization, and the participation in labor tribunals of union representatives who might have a conflict of interest in ruling on disputes with another union.

As part of its review the U.S. NAO held a public hearing on December 3, 1996 with statements by representatives of the submitting organizations, by union representatives and counsel from the contending union organizations, by interested public citizens, and by a representative of Mexico's Secretariat of Labor and Social Welfare.

As part of its review, the U.S. NAO also commissioned special studies on labor law enforcement in the Mexican federal government sector. Extensive information was also supplied by the Mexican NAO. (A transcript of the public hearing and copies of special reports and information from the Mexican NAO are available from each NAO.)

D. U. S. NAO Submission No. 9602

On October 11, 1996, the U.S. NAO received a submission from the Communications Workers of America, AFL-CIO, involving alleged violations of workers' freedom of association in an attempt to form a union at the Maxi-Switch facility in Cananea, Sonora, Mexico. Maxi-Switch, a computer keyboard manufacturer, is a subsidiary of the Silitek Corporation of Taipei, Taiwan. The submission raised issues related to NAALC Part Two Obligations, including levels of protection, government enforcement action and procedural guarantees.On December 10, 1996 the U.S. NAO announced that it had accepted the submission for review and would issue a Public Report of Review within 120 days, as required under the NAALC.

On December 10, 1996 the U.S. NAO announced that it accepted the submission for review and would issue a Public Report of Review within 120 days, as required under the NAALC. (This report was not required as the submission was subsequently withdrawn.)

Ministerial Consultations

There were no ministerial-level consultations initiated in 1996.