Council of Ministers

The labor ministers discussed priorities in each of their countries and the operation of the NAALC since it took effect in 1994. Some of the topics raised were: the special needs of youth, minorities and women in the work force; support of worker rights; unemployment and underemployment in each country; improving comparability of labor statistics in North America; and the role of education and skills training in facilitating labor adjustment. The Ministers agreed that "substantially increased cooperation" had developed in the labor area since the NAALC was signed in late 1993.

The Ministers approved the publication of the Secretariat’s study entitled North American Labor Markets: A Comparative Profile and agreed that the publication should be regularly updated. In addition, the Ministers approved the process for a Council review of the first four years of the operation of the NAALC (see box) and the English text of the Rules of Procedure for the Evaluation Committees of Experts (ECE), which can be established by the Council to prepare independent comparative studies of labor law enforcement issues under Part Four of the Agreement. Finally, the 1998 Cooperative Activities program was approved. It includes such topics as: occupational safety and health, employment, training and labor market information, worker rights, labor relations, child labor and subcontracting.


B. Meeting of the Council Designees and Executive Director

July 8, 1997 - Dallas

At this meeting, chaired by Andrew Samet of the United States, the Council Designees approved a revised Secretariat budget for 1997 and 1998 and agreed in general terms on the Rules of Procedure for Evaluation Committees of Experts (ECE). They also discussed preparations for the September Ministerial Council meeting and points raised in a discussion paper written by the Secretariat on the upcoming review of the NAALC. The Council Designees reviewed progress under the approved work plan for 1997 and 1998, including Secretariat publications and staffing actions. They met with a representative from the Commission’s external auditor, KPMG Peat Marwick, who confirmed that they had received full cooperation from the Secretariat during the audit and that they found no irregularities. The Secretariat proposed that a working group under the NAALC be established to examine issues related to workers’ compensation for transborder temporary employment. Lastly, all three countries reaffirmed their support for the North American Occupational Safety and Health Week.

The NAALC’s review process

Article 10:1(a) of the NAALC states that: "the Council shall oversee the implementation and develop recommendations on the further elaboration of the NAALC and, to this end, shall, within four years after the date of entry into force of the NAALC, review its operation and effectiveness in light of experience." The process for a Council review of the NAALC, which has been approved, began in late 1997 and is scheduled for completion in mid 1998. Following is a summary of the review process agreed to by the Parties:

1. The Secretariat will prepare a general overview of the activities undertaken under the Agreement since coming into force on January 1, 1994, including: cooperative activities, public communications, NAO and Ministerial consultations, and Secretariat reports.

2. Each Party will request comments on the operation and effectiveness of the NAALC from their National and Government Advisory Committees and will transmit these comments to the Secretariat.

3. The Commission will issue an invitation for written public comments to be submitted to the Secretariat or to the National Administrative Offices. Comments received by the NAOs will be transmitted verbatim to the Secretariat.

4. Each Party will choose a non-governmental labor expert from their National Advisory Committee or an alternate chosen by the Party, to serve on a Review Committee, which will provide an independent Advisory Report to the Council on the operation and effectiveness of the NAALC. The Secretariat will provide support to the Review Committee.

5. After the consultation process, the Secretariat shall consolidate the inputs received through the methods discussed above and submit a draft report for consideration by the Council. The draft report should include: (a) the general overview; (b) highlights from the input received in the consultation process, including comments from the Executive Director on the operation of the Secretariat; and (c) the Advisory Report of the Review Committee. In preparing the draft report the Secretariat will examine literature related to the NAALC and will identify key issues for consideration by the Council.

6. The Council will consider the above information and issue a "Report on the Review of the NAALC." This final report, including an Executive Summary, will be made available to the public and will include the Review Committee’s Advisory Report to Council. The Executive Summary of the Council’s Report will be included in the Labor Commission’s 1998 Annual Report.