PLANT CLOSINGS AND LABOR RIGHTS

A Report to the Council of Ministers on
The Effects of Sudden Plant Closings on Freedom
of Association and the Right to Organize in
Canada, Mexico, and the United States

TABLE OF CONTENTS

Acknowledgments

Summary

Background and Terms of Reference
Terms of Reference (box)

Notes on Methodology
United States
Canada
Mexico
    Systematic Differences Among Mexico, Canada, and the
    United States (box)

Part One: Legal Frameworks
United States
    Unfair Labor Practice Proceedings Under U.S. Law (box)
Canada
Mexico
    Legal Frameworks at a Glance (box)

Part Two: Union Organizing Systems
United States
Canada
Mexico

Part Three: Review of Administrative and Judicial Data
United States
    Examples of Plant Closing Cases in the United States (box)
Canada
    Examples of Plant Closing Cases in Canada (box)
Mexico
    Examples of Plant Closing Cases in Mexico (box)

Part Four: Economic and Social Context
Displacement and Plant Closings in the United States
Displacement and Plant Closings in Canada
Displacement and Plant Closings in Mexico
Alternative Comparative Measures of Displacement in North America
Impact of Plant Closing on Workers
Early Warning and Suddenness of Plant Closings

Part Five: Summary and Issues for Future Consideration
Issues for Future Consideration

Appendixes

Appendix A: Ministerial Consultation-Submission 9501 (Sprint Case)

Appendix B: U.S. Federal Court Decision Data

Appendix C: National Labor Relations Board Case Data

Appendix D: Canadian Labor Board Data

Appendix E: Labor Market Adjustment Programs

Appendix F: United States Department of Labor, Bureau of International Labor Affairs Public Forum

List of Tables

Table 1. U.S. NLRB Handling of Unfair Labor Practice Charges
Against Employers, 1990-1995

Table 2. U.S. NLRB RC Election Results, 1990-1995

Table 3. Applications for Certification and Certifications Granted
in Selected Canadian Jurisdictions, 1990-1995 49

Table 4. Union Density in Mexican Private Sector Industries Under
Federal Jurisdiction, 1994

Table 5. U.S. Courts of Appeals Decisions in Plant Closing Cases

Table 6. Sample of NLRB Cases Filed in Regional Offices, 1992-1995 57

Table 7. Mexican CAB Data on Collective Conflict Cases

Table 8. Mexican Federal CAB Approval of Collective Agreements
for Termination, 1991-1995

Table 9. U.S. Workers Displaced Because of Plant Closings
in the United States, January 1991-December 1993

Table 10. U.S. Workers Displaced Because of Plant Closings
in the United States, January 1993-December 1995

Table 11. Unemployment Benefits of U.S. Workers Displaced
Because of Plant Closings, January 1991-December 1993

Table 12. Unemployment Benefits of U.S. Workers Displaced
Because of Plant Closings, January 1993-December 1995

Table 13. Job Separation in Canada,1993-1997-Covered
by a Collective Agreement

Table 14. Distribution of Displacement by Union Status in Canada, 1990

Table 15. Job Losses in North America

Table 16. Canadian Advance Notice Requirements