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

This submission was filed on April 13, 2005, with the Mexican government by the Northwest Workers' Justice Project, the Brennan Center for Justice at New York University School of Law, and Andrade Law Office. The submission raises issues concerning rights of migrant workers under the H-2B Visa program in Idaho including prohibition of forced labor, minimum employment standards, elimination of employment discrimination, equal pay for women and men, prevention of occupational injuries and illnesses and adequate compensation in such cases, and protection of migrant workers. 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

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

The submitters are 35 pilots who are supported by the Mexican Airlines Pilots Union (ASPA). The submission, filed on May 31, 2005, alleges failure on the part of the Government of Mexico to enforce its labor laws on freedom of association and the rights to organize and bargain collectively. It further alleges the failure to provide access to fair, equitable and transparent labor tribunal proceedings. Canada formally rejected the submission for review on January 23, 2005.

This submission was filed on July 12, 2004 by UNITE-HERE and Centro de Apoyo a los Trabajadores de Yucatán. The submission alleged workers' rights violations concerning minimum employment standards and safety and health standards. The submission concerns two companies, operating one plant each, in the apparel industry in the city of Merida, Yucatán. The submission was withdrawn by the submitters on August 26, 2004 without prejudice in order to gather and provide further information.

This submission was filed with the Mexican Government by the Farmworker Justice Fund, Inc., and Mexico's Independent Agricultural Workers Central (CIOAC) on February 11, 2003, and accepted for review on September 5, 2003. The submission raises issues concerning rights of migrant workers under the H-2A program in North Carolina including freedom of association, the right to organize and bargain collectively, the right to strike, the right to minimum employment standards, freedom from employment discrimination on the basis of age, sex, and other improper factors, freedom from occupational injuries and illnesses, compensation in case of occupational injuries and illnesses, and the protection of migrant workers required by law. In November 2012, the Government of Mexico published a report of review, which discussed this submission as well as two others concerning 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

This submission was filed on October 3, 2003 by the United Students Against Sweatshops (USAS) and the Centro de Apoyo al Trabajador. The submission was also filed with the U.S. NAO and includes the same allegations of worker rights violations at two different garment factories located in Puebla, Mexico. The Government of Canada accepted the submission for review on March 12, 2004. On May 11, 2005, the Canadian NAO issued a report recommending ministerial consultations and suggested that the three countries Parties to the NAALC undertake trilateral consultations in this case. Subsequently, all three countries Parties to the NAALC agreed to hold trilateral ministerial consultations. The three Ministers signed a Joint Declaration on April 24, 2008 agreeing to a set of activities to resolve the issues raised in the submission. The activities should be completed within 18 months of the date of the Declaration was signed.

• Report of Review
• Original Submission (Summary)
• Ministerial Agreement

This submission was filed on June 29, 2001 by the AFL-CIO and PACE. The submission raises concerns about a union representation election at a Duro Bag Manufacturing Corporation facility in Rio Bravo, Tamaulipas, Mexico. Duro Bag is a producer of premium shopping bags for retail sales and is based in Ludlow, Kentucky. The submission alleges that Mexico violated the right of workers to a free, fair election of their bargaining representative by rejecting a request for a secret ballot election at a neutral location and under conditions free of management coercion. After consideration of the submission, the U.S. NAO determined that a review would not further the objectives of the NAALC and, on February 22, 2002, and declined to accept it for review.

• Original Submission

This submission was filed with the Mexican NAO on October 24, 2001 and accepted for review on November 15, 2001. The submission was filed by the Chinese Staff and Workers' Association (CSWA), National Mobilization Against SweatShops (NMASS), Workers' Awaaz, Asociación Tepeyac, and several named individuals. The submission raises concerns regarding the prevention of and compensation for occupational injuries and illnesses in the state of New York, and labor protections for migrant workers. The submitters allege that the state workers' compensation system subjects workers to unwarranted delays and in cases where compensation is awarded, it is often inadequate. The Mexican NAO issued a Public Report of Review on the submission on November 8, 2002, requesting further consultations with the U.S. NAO under Article 21 of the NAALC on progress being made with regards to issues raised in the submission. On November 19, 2004, the Mexican NAO issued a Second Report of Review and recommended ministerial consultations. On December 7, 2004, the Mexican Secretary of Labor formally requested ministerial consultations. On the basis of initiatives undertaken by New York State authorities and related to the issues raised in the submission, DOL has recommended that consultations on remaining issues or concerns be undertaken at the Council Designee or NAO level.

This submission was filed on July 3, 2000, by the Coalition for Justice in the Maquiladoras, current and former workers, and 22 other unions and non-governmental organizations. The submission raises concerns about occupational safety and health and compensation in cases of occupational injuries and illnesses at Auto Trim of Mexico in Matamoros, Tamaulipas, and at Custom Trim/Breed Mexicana at Valle Hermoso, Tamaulipas. The U.S. NAO accepted the submission for review on September 1, 2000. A public hearing was conducted in San Antonio, TX on December 12, 2000 and a site visit was conducted January 22-24, 2001 during which a team composed of NAO staff and industrial hygienists visited the Breed facilities and met with workers.

The NAO issued its Public Report of Review on April 6, 2001, recommending ministerial-level consultations. The U.S. Secretary of Labor formally requested ministerial consultations on June 25, 2001. The Mexican Secretary of Labor formally accepted the request for ministerial consultations on July 24, 2001.

Consistent with the Ministerial Consultations Joint Declaration signed June 11, 2002 by Secretaries Chao and Abascal, the U.S. and Mexico will address the issues raised in Submission 2000-01, through the establishment of a bilateral working group of government experts on occupational safety and health issues, who are to be tasked with discussion and review of issues raised in the public communications, the formulation of technical recommendations for consideration by governments, the development and evaluation of technical cooperation projects on occupational safety and health for improving occupational safety and health in the workplace, and the identification of other occupational safety and health issues appropriate for bilateral collaboration. Cooperative activities may emphasize, among other things, best practices in the prevention of occupational injuries and illnesses specifically related to handling hazardous substances, labor-management cooperation mechanisms and ergonomics. To date, the working group has focused on Occupational Safety and Health Management Systems and Voluntary Protection Programs (VPP), Handling of Hazardous Substances, Inspector and Technical Assistance Staff Training, and the development of the Tri-national Web Page.

• Report of Review
• Original Submission