III. Secretariat Activities
A. Work Plan
Since its official inauguration in September 1995, the Secretariat has undertaken a
substantial program of basic research intended to develop a new comparative information
base for the Commission covering the two broad fields of labor law and worker rights and
of labor markets. It also conducted more specific studies related to various labor matters
in North America listed below, and provided support to a trilateral working group on rules
of procedure necessary for the establishment and functioning of Evaluation Committees of
Experts (ECEs).
Comparative Labor Law Study
In December 1996 the Secretariat published,
in the Commission's three official
languages, its Preliminary Report
to the Ministerial Council: Labor
and Industrial Relations Law in Canada,
the United States and Mexico.
It summarizes information about private
sector labor law in Canada, the United
States and Mexico pertaining to NAALC
Labor Principles 1, 2 and 3, which
cover basic worker rights [a copy
may be obtained from the Secretariat
for $10(US)]. A more comprehensive
Comparative Labor Law Report
is being prepared by the Secretariat
in three volumes.
The purpose of the preliminary and subsequent full reports is to provide a
comprehensive comparative analysis of the key features of labor law in the three countries
by presenting the labor laws in relation to the eleven Labor Principles in NAALC Annex 1
and to the governments' six Obligations relative to labor law administration and
enforcement, as detailed in NAALC Part Two. The Secretariat plans to update these baseline
comparative reports on a periodic basis.
The first volume of the full report, expected to be published in mid 1997, covers NAALC
Labor Principles 1, 2 and 3 on freedom of association and protection of the right to
organize, the right to bargain collectively and the right to strike. The second and third
volumes, also organized according to the NAALC Labor Principles and Obligations, are
expected to be completed in 1997.
Comparative Labor Market Study
This study provides a comprehensive comparative analysis, with over 75 charts and tables,
of trends in the labor markets of the three countries of North America during 1984-1995.
Some highlights of its findings were released by the Ministerial Council on May 15, 1996
in a Preliminary Report (a free copy of the Preliminary Report may be obtained from the
Secretariat). The full report's four chapters are:
- Economic and Social Context
- The Changing Employment Landscape in North America
- The Multiple Dimensions of Unemployment, Underemployment and Job Insecurity, and
- Earnings, Productivity, Benefits and the Distribution of Income.
It will be published in June 1997 as North American Labor Markets: a Comparative
Profile. This baseline study will be updated periodically.
Standard and Advanced Practices in the Apparel Industry
The Secretariat has been preparing a study, tentatively titled Standard and Advanced
Practices in the North American Apparel Industry, which it expects to submit to the
Council in mid 1997. Given the traditional pyramid structure of production in this
industry, often involving sub-contractors operating in extremely competitive conditions,
violations of labor standards and workers rights in some operations are periodically
reported in the press and other forums. Many firms, however, are adjusting successfully to
the changes in the industry and finding new sources of competitiveness through advanced
human resource practices, new technology, better marketing and other means. This study
seeks to illustrate what can be achieved in a difficult industrial context by successful
companies whose labor practices in the three countries are above standard.
Publications
One of the primary functions of the Secretariat is to produce information that reaches a
broad spectrum of the public interested in North American labor issues. The Secretariat's
1996 publications program included: the publication of three periodic Bulletins, which
provide information on research and activities sponsored by the Commission; the launching
of contractual publishing relationships with commercial and academic publishers to publish
and distribute major Secretariat reports and studies in all three countries; planning for
major publications in 1997; and, negotiations for the establishment and management of the
Secretariat's World Wide Web site (www.naalc.org). The Secretariat currently has the
following documents available in all three languages:
- text of the NAALC
- NAALC Brochure
- 1995 Annual Report
- Labor in NAFTA Countries Bulletin (3)
- Preliminary Labor Law Report
All of the above documents and others will be available on the Secretariat's Website
beginning in June, 1997.
Bernan Associates, a Washington, D.C. area publisher of government and international
organizations' publications, will produce, market and distribute the English and French
language versions of Secretariat publications in Canada, the United States and Europe. A
similar contract for the Spanish language versions of Secretariat publications was signed
with the Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de
México - IIJ/UNAM (Institute for Legal Research, National Autonomous University of
Mexico).
Library and Archives
The Secretariat established its library and archives in 1996, which contain public records
of the Commission, reference materials, books and periodicals, as well as electronic
access to information resources via the Internet.
The library has manual and on-line reference services and links with local libraries,
governmental agencies, international organizations and non- governmental institutions for
exchange of services and databases.
Council-Requested Support
Rules of Procedure for Evaluation
Committees of Experts
Throughout 1996, the Secretariat provided support to the working group from the three
Parties, which had been instructed by the Council to draft rules of procedure, a code of
conduct and disclosure statements for Evaluation Committees of Experts (ECEs) and related
independent experts. NAALC Article 24 calls for the Council to develop rules governing the
work of any ECEs established to conduct independent tri-national analyses of specific
matters regarding the administration of labor laws in the three countries. On December 19,
1996 the Secretariat submitted the working group's draft rules of procedure, code of
conduct and disclosure statements to the Council for its approval.
Staff Participation In Public Events/Conferences
Given the Secretariat's unique role as the only international governmental institution in
North America dedicated exclusively to North American labor issues, Secretariat
professional staff have been invited to serve as expert panelists at numerous conferences,
seminars and meetings focusing on international labor issues in the NAFTA region.
Secretariat participants in these events disseminated information about the Commission and
NAALC system, and specifics about the work of the Secretariat.
Events during 1996 where Secretariat staff served as speakers, moderators, panelists
and respondents include:
| Date |
Sponsor |
Location |
| January 3-5 |
Allied Social Science Associations' annual conference |
San Francisco, California, USA |
| February 3 |
"NAFTA and the Use of Dispute Resolution," American Bar Association, winter
meeting |
Baltimore, Maryland, USA |
| February 20 |
"Labor Standards, Trade and NAFTA's Labor Side Agreement: Experience and
Prospects" collective bargaining workshop, Berger International Legal Studies
Program, Cornell University School of Industrial and Labor Relations |
Ithaca, New York, USA |
| March 5-7 |
NAFTA and Labor Issues Conference |
Toronto, Ontario, Canada |
| March 14-15 |
International Institute for Labour Studies conference, "Labour and the
International Economy" |
Geneva, Switzerland |
| March 21 |
University of Montreal, NAALC Presentation |
Montreal, Quebec, Canada |
| March 21 |
Quebec Ministry of Labour - NAALC Presentation |
Montreal, Quebec, Canada |
| April 18-21 |
Canada/United States Law Institute Conference |
Cleveland, Ohio, USA |
| April 19 |
Harvard Center for Latin American Studies' conference on "Mexican Labor in
Transition," Harvard University |
Cambridge, Massachusetts, USA |
| May 3 |
Rutgers University's Labor Studies Symposium, "International Labor Rights and
Standards after NAFTA," Rutgers University |
New Brunswick, New Jersey, USA |
| May 15 |
AFL-CIO Lawyers Coordinating Conference annual meeting |
San Francisco, California, USA |
| June 7 |
Council on Foreign Relations meeting |
San Antonio, Texas, USA |
| July 26 |
Program of Anglo-American Law for Latin American Lawyers,Univ. of Texas-Austin |
Austin, Texas, USA |
| July 29-31 |
Development and Regional Integration, Economic and Labor Issues Conference |
Giunta Regionale della Campania, Naples, Italy |
| August 6 |
University of California at Los Angeles, North American Integration and Development
Center conference |
Los Angeles, California, USA |
| September 6 |
Keystone Research Center, "Corporate Responsibility in a Global Economy" |
Lancaster, Pennsylvania,USA |
| September 12-14 |
Texas-Mexico Bar Association Conference |
Monterrey, Nuevo Leon, Mexico |
| September 19 |
Council on Labor Law Equity |
Washington D.C., USA |
| September 26 |
Presentation on NAALC system, International Trade Group, Fort Worth Chamber of
Commerce |
Fort Worth, Texas, USA |
| October 3-7 |
Annual Canadian Studies Conference and the Mid-Atlantic and |
State College, Pennsylvania, USA |
|
New England Conference of Canadian Studies, Penn State Univ. |
|
| November 8 |
Mexican Labor Law Conference, International Social Security |
Montreal, Quebec, Canada |
|
Organization, University of Montreal |
|
| November 12 |
Washington College of Law, American University, "Linking
|
Washington, D.C., USA |
|
Labor Standards and Trade Agreements" conference |
|
| November 21-22 |
Univ. of California at Berkeley, Center for Labor Research
and |
Berkeley, California, USA |
|
Education's "Labor in the Global Economy"
Conference |
|
| November 21 |
NAFTA Labor Panel, Greater Houston Chapter, Industrial, |
Houston, Texas, USA |
|
Relations Research Association |
|
| November 25-26 |
Tripartite Seminar on "Responding to the Growth of |
Ottawa, Ontario, Canada |
|
Non-Standard Work and Changing Work Patterns and
Practices" |
|
| November 28-29 |
International Labor Organization regional conference on
"The |
Mexico City, D.F., Mexico |
|
Impact of Integration on Labor Legislation in Latin
America" |
|
| December 6 |
Dallas Federal Reserve Bank's International Economic Forum |
El Paso, Texas, USA |
| December 9 |
Seminar held by UCLA's Institute of Industrial Relations and
the Los Angeles County AFL-CIO Central Labor Council |
Los Angeles, California, USA |
|
|
|
B. Plant Closing Study
At Mexico's request, Ministerial Consultations were undertaken on December 15, 1995
with the United States following the Mexican NAO report in the matter of Mexican NAO
Submission 9501 (see II. C). On February 13, 1996 the Council announced the results of the
Ministerial Consultation, which were endorsed by Canada. One decision was to direct the
Secretariat to conduct "a study on the effects of the sudden closing of a plant on
the principle of freedom of association and right of workers to organize in the three
countries." NAALC Article 14(2) provides that the Secretariat shall prepare a study
on any matter as the Council may request. The Council's directive to the Secretariat was
to undertake and complete the study within six months, under terms of reference
subsequently provided.
The Secretariat contracted with leading experts in labor law in the three countries to
examine records of federal and provincial labor boards in Canada, of the National Labor
Relations Board and selected regional offices in the United States, and of federal and
selected state Conciliation and Arbitration Boards (CABs) in Mexico for cases dealing with
workplace closures and trade union rights. Relevant court decisions were also studied.
Survey research was undertaken in the United States. The Council extended the deadline for
the report until September 30, 1996, in order to permit the conclusion of the empirical
research. The Secretariat submitted its study to the Council in October 1996 and,
following consideration of comments by the Council, resubmitted the study to the Council
on December 12, 1996. The study is expected to be published in 1997 under the title, Plant
Closings and Labor Rights.
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