Submissions under the North American Agreement on Labor Cooperation (NAALC)

The U.S. Department of Labor has issued a public report in response to a submission filed under the North American Agreement on Labor Cooperation (NAALC) by the United Food & Commercial Workers Local 770, the Frente Auténtico del Trabajo, the Los Angeles Alliance for a New Economy, and the Project on Organizing, Development, Education, and Research, with research assistance from Change to Win.  The report determines that there is insufficient evidence, at this time, to support specific conclusions related to the Mexican government’s application of labor laws at Chedraui retail stores, in light of information in the submission and additional information obtained during the review. Nonetheless, the report discusses in detail the Department of Labor’s longstanding, serious concerns regarding issues raised in the submission, in particular so-called “protection contracts” and the primary factors that facilitate them, such as structural bias in the Conciliation and Arbitration Boards that administer labor justice in Mexico.

• Report of Review
• Press release: English | Spanish
• Original Submission

This submission was received by the National Administrative Office of Mexico (NAO) on May 26, 2015.  It was filed confidentially by a former Department of Labor (DOL) employee.  The submission alleges that the DOL failed to effectively enforce its laws related to discrimination and that the petitioner and other DOL employees experienced and continue to experience discrimination at the DOL.  In July 2018, the Mexican NAO finalized its report of review of the submission.  The report calls the submission to the attention of the U.S. NAO, but does not find violations of the North American Agreement on Labor Cooperation (NAALC) and does not request consultations under the NAALC.  

Executive Summary of Report of Review (English Translation)

This submission was filed September 19, 2011, by the Centro de los Derechos del Migrante, Inc, three individual workers, and 13 additional organizations. The submission alleges that the US failed to effectively enforce its minimum wage laws for H-2B workers, inspect and monitor workplaces, investigate complaints, ensure effective remedies for violations of minimum employment standards for H-2B workers, and provide "the same legal protection as its nationals in respect to working conditions." In November 2012, the Government of Mexico published a report of review, which discussed this submission as well as two others concerning H-2A and H-2B workers, and requested ministerial consultations in the form of educational and outreach activities to help inform workers on H-2A and H-2B visas about their labor rights under U.S. laws. On April 3, 2014, the Secretaries of Labor of the United States and Mexico signed a Ministerial Consultations Joint Declaration, and under that Declaration, the U.S. and Mexican governments consulted with stakeholders and developed a work plan to carry out outreach. In September 2016, the U.S. Department of Labor and the Mexican Ministry of Labor and Social Welfare published a report on the outreach events that were carried out pursuant to the work plan.

• Report of Review: Spanish | English
• Original Submission

On October 27, 2011, the Canadian NAO received a public communication submitted by 80 unions from across North America, including several Canadian unions. This public communication alleged that the Government of Mexico has failed to meet its obligations under the NAALC. Specifically, the submitters of CAN 2011-1 alleged that through its actions surrounding the events in 2009 at Luz y Fuerza del Centro, a state-owned electricity company, the Government of Mexico violated the basic labour rights of the and its members. On January 13, 2012, Canada's NAO accepted this public communication for review. The Canadian NAO received Supplemental Submissions related to this public communication in May and November 2012.

On November 14, 2011, OTLA received a submission from the Mexican Union of Electrical Workers (Sindicato Mexicano de Electricistas, SME) and over 90 other organizations (including the AFL-CIO, the ITUC, and many grassroots organizations) under the North American Agreement on Labor Cooperation (NAALC). The submission alleges that the Government of Mexico (GOM) has failed to uphold its commitments under Articles 2 through 6 of the NAALC stemming from the GOM's actions or failure to take action following the issuance of a Presidential decree on October 10, 2009, dissolving the state-owned electrical power company, Central Light and Power, and terminating the employment of over 44,000 SME members. On January 13, 2012, OTLA accepted the submission for review and issued a Federal Register notice on its decision. OTLA is now in the process of conducting its review of the submission to determine its findings on the allegations in the submission, which it will present in a public report to the Secretary of Labor. On June 25, 2012, OTLA determined that an extension of time for its review was warranted, and notified the public in a Federal Register notice that published on July 2, 2012.

• Notice of Extension of Review Period
• Original Submission
• Report of Review

On June 20, 2008, the Canadian National Administration Office (NAO), established under the North American Agreement on Labor Cooperation (NAALC), accepted to review Public Communication CAN 2008-1 on labor law matters in the state of North Carolina, United States of America. Canada will review CAN 2008-1 submission in accordance with procedures established under the Canadian Guidelines for Filing Public Communications. Public Communication CAN 2008-1 was submitted to the Canadian NAO by the United Electrical, Radio and Machine Workers of America and the Canadian Association of Labor Lawyers (CALL), along with more than 40 other labor organizations in Canada, the United States and Mexico. Public Communication CAN 2008-1 alleges that the United States has failed to meet its obligations under the Agreement because legislation in North Carolina denies public sector employees the right to engage in collective bargaining. The submission also raises issues related to the following NAALC labor principles: freedom of association and protection of the right to organize; elimination of employment discrimination; minimum employment standards; equal pay for women and men; prevention of occupational injuries and illnesses; and compensation in cases of occupational injuries and illnesses.

This submission was filed on October 17, 2006, with the Mexican Government by the Frente Auténtico del Trabajo (the Authentic Labor Front). The submission was also supported by several dozen unions and federations in Canada, Mexico and the United States. The submission raises concerns about the rights of public employees in North Carolina to bargain collectively, and contains allegations of discriminatory employment practices and unsafe workplaces that violate the principles of the NAALC. Specifically, the submitters contend that North Carolina General Statute §95-98 — which declares public sector collective bargaining agreements "to be against the public policy of the State, illegal, unlawful, void and of no effect" — violates the obligations contained in Part Two of the NAALC and the labor principles set forth in Annex I of the agreement relating to freedom of association and collective bargaining. The submitters allege that the prohibition of collective bargaining agreements has resulted in public sector workers being denied a voice in establishing conditions of work and has contributed to the prevalence of race and sex discrimination, wage and overtime violations, and unsafe workplace conditions. The submitters requested that the Mexican National Administrative Office review this submission and that the Mexican Secretary of Labor and Social Welfare initiate consultations with the U.S. Secretary of Labor under Article 22 of the NAALC to discuss the matters raised in the submission.

• Report of Review: Spanish  |  English (Executive Summary)
• Original Submission

This submission was filed on November 9, 2006 by the United Steelworkers (USW). The USW alleged that the Government of Mexico (GOM) failed to fulfill its obligations under the NAALC with respect to mineworkers and their union at the Pasta de Conchos mine in the Mexican State of Coahuila. The submitters' alleged that workers were denied freedom of association rights and proper access to appropriate labor tribunals, focusing on the Government of Mexico's actions with regard to the National Union of Miners and Metalworkers and its leadership. With regards to occupational safety and health, the USW claimed that the STPS has "repeatedly failed to fulfill its obligation to enforce labor regulations requiring employers to provide workers with satisfactory working conditions that are free of health and safety hazards." In particular, the USW cited inadequate inspection and enforcement actions at the Pasta de Conchos mine, where an explosion killed 65 miners on February 19, 2006. After consideration of the submission, the Office of Trade and Labor Affairs determined that a review would not further the objectives of the NAALC and, on August 31, 2007, declined to accept it for review.

• Original Submission

This submission was filed on February 17, 2005, by the Washington Office on Latin America (WOLA) and 22 labor unions from Mexico, Canada and the United States. The submission deals with a labor law reform proposal presented to the Mexican Chamber of Deputies on December 12, 2002. The submission alleges that the labor law reform proposal would substantially weaken existing labor protections, thereby codifying systemic violations of the right of free association, the right to organize and bargain collectively, the right to strike, and core labor rights protected by the Mexican Constitution, International Labor Organization (ILO) Conventions ratified by Mexico, and the North American Agreement on Labor Cooperation (NAALC). After consideration of the submission, ILAB determined that a review would not further the objectives of the NAALC and, on February 21, 2006, declined to accept it for review.

• Original Submission

This submission was filed on May 27, 2005, by the Airline Pilot's Association of Mexico. The submission deals with allegations of sustained and recurring actions of non-enforcement of labor law by the Mexican government over a five-year period. The submission alleges that the government of Mexico has failed to enforce its laws with regard to freedom of association and protection of the right to organize, and the right to bargain collectively. The submitter alleges that the government of Mexico is in violation of the Mexican Constitution, International Labor Organization Conventions ratified by Mexico, and the North American Agreement on Labor Cooperation.

Based on a thorough examination of the issues in this case, the U.S. NAO determined that the information provided by the submitters did not substantiate the allegations concerning the failure by the Mexican government to enforce its laws regarding the establishment of a craft union, especially in light of the Mexican Supreme Court's decision on November 25, 2005, which let stand a lower-court's ruling that ASPA was not entitled to establish a pilots-only union. As to the improper dismissal of workers, the submitters had substantially resolved their outstanding claims. Therefore, in accordance with its Procedural Guidelines, on July 7, 2006 the U.S. NAO's determined that a review of the submission would not further the objectives of the NAALC, and accordingly, declined the submission.

• Original Submission