VI.
Annex: NAALC Background and Structure
A. The Commission
The Commission for Labor Cooperation,
consisting of a Ministerial Council
and a Secretariat, is an international
organization created under the North
American Agreement on Labor Cooperation
(NAALC), which entered into force on
January 1, 1994. Through the NAALC,
the continental trading partners seek
to improve working conditions and living
standards, and commit themselves to
promoting eleven Labor Principles to
protect, enhance and enforce workers
basic rights. To accomplish these goals,
the NAALC creates mechanisms for cooperative
activities and intergovernmental consultations,
as well as for independent evaluations
and dispute settlements related to the
enforcement of labor laws.
B. The Council
A Cabinet-level Ministerial
Council and a Secretariat make up the
Commission for Labor Cooperation. The
Council is composed of the Secretary
(in Mexico and the United States) and
Minister (in Canada) of Labor of the
three NAALC countries. Acting as a single
entity, the Council oversees the implementation
of the NAALC and directs the activities
of the Secretariat. The Council also
promotes tri-national cooperative activities
on a broad range of issues involving
labor law, labor standards, labor relations
and labor markets.
C. The Secretariat
The Council is supported by the Commissions
Secretariat based in Dallas, Texas,
USA. The Secretariat staff is drawn
equally from the three NAALC countries.
It includes labor economists, labor
lawyers and other professionals with
wide experience in labor affairs in
their respective countries. They work
in the three languages of North America
- English, French and Spanish - in a
unique multinational institution devoted
to advancing labor rights and labor
standards as an integral part of expanding
trade relations.
Secretariat
Staff
The NAALC provides that the Secretariat
shall be headed by an Executive Director,
chosen for a three-year term, which
may be renewed once. The Executive
Director appoints and supervises the
Secretariat staff, taking into account
lists of candidates prepared by the
Parties.
By the year's end, the permanent staff
consisted of:
John
S. McKennirey (Canada)
Executive Director |
Andy
Ramirez (USA)
Financial Officer |
Sandra
Polaski (USA)
Director, Labor Law and Economics
Research |
Marcelle
Saint-Arnaud (Canada)
Research Documentation Coordinator |
Leoncio
Lara (Mexico)
Director, Cooperation and Evaluations
|
Héctor
Toledano (Mexico)
Publications Coordinator |
Eric
Griego (USA)
International Labor Advisor |
María
Elena Vicario (Mexico)
Senior Economist |
Melisa
Gutiérrez (USA)
Administrative Assistant |
Irene
Villalta (USA)
Administrative Assistant |
Alfredo
Hernández (Mexico)
International
Cooperative Activities Coordinator |
John
W. Vincent (USA)
Manager of Operations |
Dalil
Maschino (Canada)
Senior Economist |
Vacant
(Canada)
Senior Legal Adviser |
Dolores
Ozuna (USA)
Executive Assistant |
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Secretariat Functions
The Commissions Secretariat
has two principal functions, the first
of which is devoted to information.
It undertakes research and analysis
and prepares public reports on:
- labor law and administrative procedures,
- trends related to the application
of labor law,
- labor market conditions, such
as employment rates, average wages
and labor productivity,
- human resource development issues,
such as training and adjustment
programs, and
- other matters as the Council may
direct.
Second, the Secretariat serves as
the general administrative arm of
the Commission. It provides support
to the Council and to Evaluation Committees
of Experts (ECEs) and Arbitral Panels
established by the Council. ECEs conduct
tri-national reviews, with findings
and recommendations, on labor law
enforcement in specified subject areas.
Arbitral Panels resolve disputes among
the governments, if any should arise,
in connection with the specific obligations
in the NAALC. The Secretariat must
also publish a list of matters resolved
through consultations and evaluations
carried out under the Agreement.
D. The National Administrative Offices
The NAALC also requires each government
to establish and maintain a National
Administrative Office (NAO) within
its labor ministry. The NAOs serve
as points of contact and sources of
information among themselves, and
with other government agencies, the
Secretariat and the public. Another
NAO function is to receive and respond
to public communications regarding
labor law matters arising in another
NAALC country. Each NAO establishes
its own domestic procedures for reviewing
public communications and deciding
what actions to take in response to
requests made of it. The NAOs initiate
the cooperative activities of the
Commission, with the support of the
Secretariat. These include: seminars,
conferences, joint research projects
and technical assistance in relation
to the eleven NAALC Labor Principles,
as well as labor statistics, productivity
and related matters. The NAOs can
also engage in direct bilateral and
trilateral cooperative activities.
NAALC Article 15(2) specifies that
each NAO is headed by an official
whose title is Secretary. The three
NAO secretaries and their offices
are:
| Canadian
NAO |
Mexican
NAO
|
| Ms.
May Morpaw, Director (Secretary)
Inter-American Labour Cooperation
Labour Branch
Human Resources Development
Canada
165 Hôtel de Ville
Place du Portage, Phase II
Hull, Quebec K1A 0J2, Canada
|
Lic.
Rafael Aranda Vollmer, Secretario
Oficina Administrativa Nacional
(OAN) del Acuerdo de Cooperación
Laboral de América del Norte
Secretaría del Trabajo y Previsión
Social (STPS)
Periférico Sur #4271, Edificio
A, Planta Baja
Col. Fuentes del Pedregal -
Del. Tlalpan
14149 México, D.F.
|
Tel.
(819) 994-6231 voice
(819) 953-8494 fax |
Tel.
52-5 645-22-18 voice
52-5 645-42-18 fax |
| Email:
May.Morpaw@hrdc-drhc.gc.ca
|
Email:
oanmex@stps.gob.mx |
| U.S.
NAO |
Ms.
Irasema Garza, Secretary
U.S. National Administrative Office,
Room C-4327 FPB
U.S. Department of Labor
Washington, DC 20210, USA |
Tel.
(202) 501-6653 voice
(202) 501-6615 fax |
Email:
garza-irasema@dol.gov
|
E. NAALC Objectives
The seven objectives of this Agreement
are to:
- Improve working conditions and
living standards in each Partys
territory;
- Promote, to the maximum extent
possible, the Labor Principles set
out in Annex 1;
- Encourage cooperation to promote
innovation and rising levels of
productivity and quality;
- Encourage publication and exchange
of information, data development
and coordination, and joint studies
to enhance mutually beneficial understanding
of the laws and institutions governing
labor in each Partys territory;
- Pursue cooperative labor-related
activities on the basis of mutual
benefit;
- Promote compliance with, and effective
enforcement by each Party of its
labor law; and
- Foster transparency in the administration
of labor law.
F. NAALC Obligations
The six obligations undertaken by
the Parties under the NAALC are:
Levels of Protection: each
Party shall ensure that its laws and
regulations provide for high labor
standards, and shall strive to improve
those standards;
Government Enforcement Action:
each Party shall promote compliance
with and effectively enforce its labor
law through appropriate government
actions;
Private Action: each Party
shall ensure that persons with a legally
recognized interest under its law
in a particular matter have appropriate
access to administrative, quasi-judicial,
judicial or labor tribunals for the
enforcement of the Party's labor law;
Procedural Guarantees: each
Party shall ensure that its proceedings
for the enforcement of its labor law
are fair, equitable and transparent;
Publication: each Party shall
ensure that its laws, regulations,
procedures and administrative rulings
of general application are made available;
and
Public Information and Awareness:
each Party shall promote public awareness
of its labor law.
G. NAALC Labor Princtiples:
The core of the Agreement is
its eleven Labor Principles, which
define the scope of labor law coverage
under the NAALC. These principles,
which the Parties agree "to promote
to the maximum extent possible,"
are the following:
- Freedom of association and protection
of the right to organize.
- The right to bargain collectively.
- The right to strike.
- Prohibition of forced labor.
- Labor protections for children
and young persons.
- Minimum employment standards.
- Elimination of employment discrimination.
- Equal pay for women and men.
- Prevention of occupational injuries
and illnesses.
- Compensation in cases of occupational
injuries and illnesses.
- Protection of migrant workers.
H. Canada's Extent of Obligations
Given that under Canadas constitution,
labor law lies primary under provincial
jurisdiction, NAALC Article 46 and Annex
46 provide that the Canadian federal
government shall inform the other Parties
when Canadian provinces agree to bind
themselves to the NAALC. Canada is precluded
from seeking Ministerial Consultations
on issues arising beyond the federal
labor jurisdiction until at least 35
percent of the national labor force
is accounted for in the declaration
of Canadian jurisdictions bound to NAALC
provisions, and, in relation to labor
matters of a specific industry or sector,
until 55 percent of the national labor
force is bound to the NAALC. Canadas
federal labor force jurisdiction was
covered as of January 1, 1994 and on
May 31, 1995 Alberta became the first
province to bind itself to the NAALC.
In 1997 two other Canadian provinces
joined the Agreement: Manitoba on January
21 and Quebec on February 10. Now the
requirement that at least 35 percent
of the national labor force be located
in jurisdictions bound under the NAALC
has been fulfilled.
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