North American Agreement on Labor Cooperation: International Labor Affairs Bureau et al; hearing,

[Federal Register: February 4, 1998 (Volume 63, Number 23)]

[Notices]

[Page 5820]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr04fe98-104]

DEPARTMENT OF LABOR

Office of the Secretary

Bureau of International Labor Affairs, U.S. National Administrative Office; North American Agreement on Labor Cooperation; Notice on Submission No. 9702 and Submission No. 9703

AGENCY: Office of the Secretary, Labor.

ACTION: Notice of hearing site and Notice of acceptance.

SUMMARY: Submission 9702: On January 14, 1998, the Department provided notice in the Federal Register of a hearing, open to the public, on Submission No. 9702. The notice stated that the hearing would be held in San Diego, California, on February 18, 1998, commencing at 9:00 a.m., at a location to be announced. This notice provides the address for the hearing on Submission No. 9702.

Submission 9703: The U.S. National Administrative Office (NAO) gives notice that on January 30, 1998, Submission 9703 was accepted for review. The submission was filedwith the NAO on December 15, 1997. The submission raises issues of freedom of association violations at an export processing plant in Ciudad de los Reyes, in the State of Mexico. The submission also raises issues of occupational safety and health.

Article 16(3) of the North American Agreement on Labor Cooperation (NAALC) provides for the review of labor law matters in Canada and Mexico by the NAO. The objectives of the review of the submission will be to gather information to assist the NAO to better understand and publicly report on the Government of Mexico's compliance with the obligations set forth in Articles 3 and 5 of the NAALC.

EFFECTIVE DATE: January 30, 1998.

SUPPLEMENTARY INFORMATION:

Submission No. 9702

The hearing will be held at Room S250, San Diego Concourse, 202 C St., MS57, San Diego, California, 92101. Tel: 619-615-4100.

Please refer to the notice published in the Federal Register on January 14, 1998 (63 FR 2266-2267) for supplementary information.

Submission No. 9703

The submission was filedwith the NAO on December 15, 1997 by the Echlin Workers Alliance, a group from the United States and Canada, which includes the International Brotherhood of Teamsters; the Canadian Auto Workers; the Union of Needletrades and Industrial Textile Employees; the United Electrical, Radio and Machine Workers of America; the United Paperworkers International Union; and the United Steelworkers of America. Twenty-four other organizations, including non-governmental organizations, human rights groups and labor unions from the three NAFTA countries are cited as concerned organizations in the submission. The submitters allege that when workers at the ITAPSA export processing plant in Ciudad de los Reyes, in the State of Mexico, attempted to organize an independent union, they faced intimidation and harassment from the company and the existing union. The submitters also allege that a union representation election conducted by the appropriate labor tribunal was held in an atmosphere of intimidation and violence and in such a way as to guarantee representation to the union favored by management and the government.

The submitters assert that Mexico has failed to enforce its laws relating to freedom of association and the right to bargain collectively through appropriate government action as well as its labor laws relating to the prevention of occupational injuries and illnesses in violation of the NAALC article 3(1). The submitters also assert that the composition of the labor tribunal in this case is such as to be in non-compliance with Article 5(4) of the NAALC which commits the Parties to ensuring that tribunals that conduct review proceedings are impartial and independent and do not have any substantial interest in the outcome of the matter.

Article 16 (3) of the North American Agreement on Labor Cooperation (NAALC) provides for the review of labor law matters in Canada and Mexico by the NAO.

The procedural guidelines for the NAO, published in the Federal Register on April 7, 1994, 59 Fed. Reg. 16660, specify that, in general, the Secretary of the NAO shall accept a submission for review if it raises issues relevant to labor law matters in Canada or Mexico and if a review would further the objectives of the NAALC.

Submission No. 9703 relates to labor law matters in Mexico. A review would appear to further the objectives of the NAALC, as set out in Article 1 of the NAALC, among them promoting certain labor principles, including freedom of association and prevention of occupational injuries and illnesses; promoting compliance with and effective enforcement by each Party of, its labor law; and fostering transparency in the administration of labor law. Accordingly, this submission has been accepted for review of the allegations raised therein. The NAO's decision is not intended to indicate any determination as to the validity or accuracy of the allegations contained in the submission. The objectives of the review will be to gather information to assist the NAO to better understand and publicly report on the right to organize and freedom of association raised in the submission, including the Government of Mexico's compliance with the obligations agreed to under Articles 3 and 5 of the NAALC. The review will be completed, and a public report issued, within 120 days, or 180 days if circumstances require an extension of time, as set out in the procedural guidelines of the NAO.

FOR FURTHER INFORMATION CONTACT: Irasema T. Garza, Secretary, U.S. National Administrative Office, Department of Labor, 200 Constitution Avenue, N.W., Room C-4327, Washington, D.C. 20210. Telephone: (202) 501-6653 (this is not a toll-free number).

Signed at Washington, D.C. on January 30, 1998. Lewis Karesh, Deputy Secretary, U.S. National Administrative Office.

[FR Doc. 98-2708Filed2-3-98; 8:45 am]

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