III. Cooperative Consultations and Evaluations

A.   Public Communications

(i)   Communications submitted in 1998

Canadian National Administrative Office

Canadian NAO 98-1

On June 4, 1998, the Canadian NAO accepted for review a public communication alleging a failure by Mexican authorities to ensure freedom of association and the right to organize, and to effectively enforce laws protecting worker safety and health. The communication also alleged partiality on the part of the Mexican authorities during legal proceedings, and that the absence of certain procedural measures such as secret-ballot voting during union representation challenges constituted a failure to provide for the high labor standards called for in Article 2 of the NAALC. The allegations relate to working conditions and a union representation challenge at the ITAPSA plant in Reyes La Paz, State of Mexico, Mexico, which is owned by Echlin Inc., a subsidiary of Dana Corp., and to legal proceedings in connection with that challenge. The communication was submitted on April 6, 1998, by United Steelworkers of America (Canadian National Office), the Canadian Labour Congress, AFL-CIO of the U.S., Frente Auténtico del Trabajo of Mexico, and a number of other trade unions and NGOs.

On September 14, 1998, and again on November 5, 1998, the Canadian NAO held public meetings to receive information from the submitters as well as other interested parties. On December 15, 1998, the Canadian NAO released a report dealing with the freedom of association and right to organize issues raised by the communication. The Canadian NAO recommended that Canadian Labour Minister Claudette Bradshaw seek consultations with Mexican Secretary of Labor and Social Welfare José Antonio González once the NAO had released the second part of its report, dealing with occupational health and safety issues.

For a related communication, see U.S. NAO 9703.

Canadian NAO 98-2

On September 29, 1998, the Canadian NAO received a public communication alleging that a Memorandum of Understanding between the U.S. Immigration and Naturalization Service (INS) and the U.S. Department of Labor (DOL) deterred immigrant workers from reporting violations of U.S. minimum employment standards laws. The Memorandum required DOL inspectors investigating wages and hours complaints to inspect employer records concerning the immigration status of employees and to communicate any information regarding unauthorized workers to the INS. The communication further alleged that, in the absence of worker complaints, U.S. DOL officials lacked the information necessary to enforce federal wage and hours laws, and that other means of enforcement were much less effective. The communication was submitted by the Yale Law School Workers' Rights Project, the American Civil Liberties Union Foundation Immigrants' Rights Project and a number of other civil rights organizations and trade unions.

On November 25, 1998, the U.S. NAO sent a copy to the Canadian NAO of a new Memorandum of Understanding between the Department of Labor and the Immigration and Naturalization Service, dated November 23, 1998, modifying and superseding the earlier one. On November 27, the Canadian NAO sent a letter to the U.S. NAO saying that it was extending consideration of the communication by 30 days in order to consider the implications of the new Memorandum of Understanding.

For a related communication, see Mexican NAO 9804.

Mexican National Administrative Office

Mexican NAO 9801

On April 13, 1998, the Mexican NAO received a public communication alleging that delays in the U.S. National Labor Relations Board's labor law enforcement procedures resulted in a failure to protect workers' rights to organize unions and bargain collectively. The communication also alleged failure by the relevant authorities to protect workers from persistent violations of occupational health and safety laws, and persistent violations of California laws relating to overtime pay. The communication related to events that allegedly took place before and during an attempt to organize the workers at Solec International Inc., a manufacturer of solar panels located in Carson, California, a subsidiary of Sanyo and Sumitomo Bank. The communication was submitted by the Oil, Chemical and Atomic Workers International Union, Local 1-675, OCAW; the Sindicato de Trabajadores de Industria y Comercio "6 de octubre"; the Unión de Defensa Laboral Comunitaria; and the Comité de Apoyo para los Trabajadores de las Maquiladoras.

On August 10, 1998, in response to this communication, the Mexican NAO wrote to the U.S. NAO to ask a series of questions relating to U.S. labor law and its administration. The Mexican NAO received a response to the questionnaire on October 2, 1998, and the U.S. NAO provided further, detailed responses on November 24, 1998.

Mexican NAO 9802

On November 23, 1998, the Mexican NAO accepted for review a public communication alleging systemic problems with U.S. labor law and its enforcement affecting workers in the Washington State apple picking and packing industries, including allegations of: failure of labor laws to cover agricultural workers; failure of labor laws to provide effective remedies against violations of the right to organize unions; unwarranted delays in the enforcement of rights to organize a union; decline in the real value of the minimum wage; failure to effectively enforce occupational health and safety laws and minimum wage laws; failure to adopt occupational health and safety standards relating to hazards prevalent in agricultural work; and failure to provide equal protection to migrant workers. The communication was submitted on May 27, 1998, by the Unión Nacional de Trabajadores (UNT), Frente Auténtico del Trabajo (FAT), Frente Democrático Campesino (FDC), and the Sindicato de Trabajadores de la Industria Metálica, Acero, Hierro, Conexos y Similares (STIMACHS), assisted by the International Labor Rights Fund. On November 30, 1998, the U.S. NAO provided the Mexican NAO with detailed responses to a series of questions concerning U.S. labor and employment law and its administration. On December 2, 1998 the Mexican NAO met with the submitters in Mexico City.

Mexican NAO 9803

On August 10, 1998, the Mexican NAO accepted for review a public communication alleging failure of the U.S. government to ensure equal protection of migrant workers and failure to protect Mexican workers against violations of: (1) health and safety laws relating to living quarters, (2) laws protecting against breaches of employment contract terms, (3) laws prohibiting discrimination on the basis of national origin, and (4) rights to compensation for occupational injury and illness. The communication also alleged a failure to disseminate information about laws so that the Mexican workers could be informed of their legal rights. The allegations related to the alleged treatment of Mexican workers at the DeCoster Egg Farm in Maine, USA, in response to which a group of workers, joined by the Mexican government as co-plaintiff, had launched a legal action. The communication was submitted on August 4, 1998, by Confederación de Trabajadores de México (CTM).

Mexican NAO 9804

On September 22, 1998, the Mexican NAO received a public communication alleging that a Memorandum of Understanding between the U.S. Immigration and Naturalization Service (INS) and the U.S. Department of Labor (DOL) deterred immigrant workers from reporting violations of U.S. minimum employment standards laws. The Memorandum required DOL inspectors investigating wages and hours complaints to inspect employer records concerning the immigration status of employees and communicate any information regarding unauthorized workers to the INS. The communication further alleged that, in the absence of worker complaints, the U.S. DOL officials lacked the information necessary to enforce federal wage and hours laws, and that other means of enforcement were much less effective. The communication was submitted by the Yale Law School Workers' Rights Project, the American Civil Liberties Union Foundation Immigrants' Rights Project and a number of other civil rights organizations and trade unions.

Subsequently the Mexican NAO received from the U.S. NAO a new Memorandum of Understanding between the Department of Labor and the Immigration and Naturalization Service, dated November 23, 1998, modifying and superseding the earlier one.

For a related communication, see Canadian NAO 98-2.

United States National Administrative Office

U.S. NAO 9801

On August 17, 1998, the U.S. NAO received a public communication alleging a failure by the Mexican government to enforce laws concerning the right to strike. The communication related to an Executive Order by the President of Mexico that, according to the submitters, had the effect of ending a strike by the Association of Flight Attendants of Mexico against AeroMéxico. The Association of Flight Attendants, AFL-CIO, submitted this communication.

On October 19, 1998, the U.S. NAO delivered a letter to the petitioning union stating that the communication had not been accepted for review on the grounds that such a review would not further the objectives of the NAALC. The letter noted that the Executive Order in question cited legal provisions relating it to the economic security of the Mexican state, and that subsequent to the issuance of the Order the flight attendants had returned to work and negotiated an agreement with AeroMéxico settling the strike in question.

U.S. NAO 9802

On September 28, 1998, the U.S. NAO received a public communication alleging illegal child labor practices on vegetable farms in Mexico. The submitter requested that the communication be held in abeyance pending additional information from the U.S. NAO on how to proceed. The communication was submitted by the Florida Tomato Exchange, a nonprofit agricultural cooperative association.

U.S. NAO 9803

On December 18, 1998, the U.S. NAO accepted for review a public communication alleging a failure by Quebec, Canada, to provide an effective remedy for plant closings with anti-union motivations, and unwarranted delays in union certification procedures. The communication also alleged that, by limiting union certifications to single employer bargaining units, Quebec labor law made it unduly difficult for workers in nonstandard employment (part-time, casual, contractual work) to organize unions. The allegations related to attempts to organize the employees at a McDonald's restaurant in St. Hubert, Quebec, Canada. The communication was submitted on October 21, 1998, by the International Brotherhood of Teamsters, Teamsters Canada, the Quebec Federation of Labor, Teamsters Local 973 (Montreal) and the International Labor Rights Fund.

U.S. NAO 9804

On December 2, 1998, the U.S. NAO received a public communication raising the issue of whether legislation denying rural route mail carriers employed by the Canada Post Corporation the rights to unionize and bargain collectively and the protection of occupational health and safety laws was contrary to the NAALC. The communication also alleged that Canadian law failed to provide rural route mail carriers with access to compensation for industrial accidents and occupational diseases. In addition, it alleged that this treatment of rural route mail carriers violated the NAALC obligation to promote the elimination of employment discrimination. The communication was submitted by the Organization of Rural Route Mail Carriers and other labor organizations in the United States, Mexico and Canada.

(ii)  Activity during 1998 Related to Earlier Communications

U.S. NAO 9702

On November 17, 1997, the U.S. NAO accepted for review a public communication raising issues of freedom of association, occupational safety and health, and minimum employment standards including wages at the Han Young plant in Tijuana, Baja California, Mexico.

On February 9, 1998,the submitters filed an addendum to their communication providing further information and allegations concerning occupational health and safety issues at the Han Young plant.

On April 28, the U.S. NAO released a Public Report of Review concerning the allegations about freedom of association and the right to organize. The report advised U.S. Secretary of Labor Alexis M. Herman to seek consultations with her Mexican counterpart concerning these issues. On April 28, 1998, Secretary Herman requested consultations with then Mexican Secretary of Labor and Social Welfare Javier Bonilla.

On August 12, 1998, the U.S. NAO issued a Public Report of Review on the occupational health and safety allegations raised in the communication. The report advised Secretary Herman to seek ministerial consultations with her Mexican counterpart concerning these issues as well, which she did on August 13, 1998. On October 5 the Mexican Secretary of Labor and Social Welfare accepted the ministerial consultations.

U.S. NAO 9703

On December 15, 1997, the U.S. NAO received a public communication alleging violation of Mexican laws regarding freedom of association, the right to organize, the right to bargain collectively, and prevention of occupational injuries and illnesses at the ITAPSA export processing plant near Mexico City, which is owned by Echlin Inc., a subsidiary of Dana Corp.

On January 30, 1998, the U.S. NAO accepted the communication for review. On March 23, 1998, the U.S. NAO held a public hearing in Washington, DC. On July 31, 1998, the U.S. NAO issued its Public Report of Review recommending that U.S. Labor Secretary Alexis M. Herman seek consultations with her Mexican counterpart, which she did on August 7, 1998.

B.  Ministerial Consultations

In 1998, one Ministerial Consultation under Part IV of the NAALC took place between the three ministers of the NAALC member countries. The consultation took place on October 8, 1998, during the Ministerial Council meeting on Prince Edward Island, Canada. It concerned U.S. NAO Communication No. 9701.

This communication raised allegations of gender discrimination affecting female employees in Mexico's maquiladora export industries. In particular, it alleged that women are frequently required to undergo pre- and post-hiring pregnancy screening as a condition of employment and that pregnant women are denied employment or pressured into resigning. On January 12, 1998, the U.S. NAO released a Public Report of Review on the communication, recommending that U.S. Labor Secretary Alexis M. Herman seek consultations with her Mexican counterpart, Javier Bonilla, then Mexico's Secretary of Labor and Social Welfare. On January 13, 1998, Ms. Herman wrote to Mr. Bonilla to request such consultations. On February 24, 1998, Mr. Bonilla agreed.

As a result of the October 8 consultations, on October 21, 1998, the three ministers signed an agreement to undertake an action plan in response to the communication, to be completed by July 1999. First, the parties agreed to hold meetings of officials of the three governments to: (1) discuss pregnancy discrimination in the workplace, legal avenues available to Mexican women workers to seek redress against pregnancy discrimination, and the enforcement of laws in all three countries dealing with gender discrimination; and (2) exchange opinions on the Report of Review. This meeting took place on November 30, 1998, in Mexico City.

Second, the Parties agreed that the U.S. and Mexico would hold seminars within their own territory to disseminate information on the rights and protections available to female workers. The seminars will be directed to workers, employers, government representatives, and women's organizations. Third, the three NAOs will organize a conference, open to the public, on mechanisms in each country to protect the rights of women workers, and on programs to ensure the observance of laws against employment discrimination. The Secretariat of the Commission for Labor Cooperation is to publish a report on these seminars and the conference.