Bureau of International Labor Affairs; Office of Trade Agreement Implementation; North American Agreement on Labor Cooperation; Notice of Determination Regarding Review of U.S. Submission #2005-03, 2067 [E6-228]

Agencies

• Office of the Secretary
• DEPARTMENT OF LABOR

[Federal Register Volume 71, Number 8 (Thursday, January 12, 2006)]
[Notices]
[Page 2067]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-228]



[[Page 2067]]

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DEPARTMENT OF LABOR

Office of the Secretary


Bureau of International Labor Affairs; Office of Trade Agreement 
Implementation; North American Agreement on Labor Cooperation; Notice 
of Determination Regarding Review of U.S. Submission 2005-03

AGENCY: Bureau of International Labor Affairs, U.S. Department of 
Labor.

ACTION: Notice.

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SUMMARY: The Office of Trade Agreement Implementation (OTAI) gives 
notice that on January 6, 2006, U.S. Submission 2005-03 was 
accepted for review pursuant to Article 16(3) of the North American 
Agreement on Labor Cooperation (NAALC). The submission was filed with 
the OTAI on October 14, 2005, by The Progressive Union of Workers of 
the Textile Industry, the Manufacturing, Cutting and Confection of 
Fabric and Garments in General and Related and Similar Industries in 
the Mexican Republic, a member of the ``Vanguardia Obrera'' Workers 
Federation of the Revolutionary Confederation of Workers and Peasants 
(FTVO-CROC), with the support of the U.S. Labor Education in the 
Americas Project and the Washington Office on Latin America. The 
submitters allege that the Government of Mexico has failed to fulfill 
its obligations under the NAALC to effectively enforce its labor laws 
in connection with freedom of association and the right to organize, 
the right to bargain collectively, the right to strike, prohibition of 
forced labor, labor protection for children and young persons, 
elimination of employment discrimination, prevention of occupational 
injuries and illnesses, compensation in cases of occupational injuries 
and illnesses, and minimum employment standards related to events at a 
textile plant operated by Rubie's de Mexico, S. de R.L. de C.V., in the 
municipality of Tepeji del Rio, State of Hidalgo, Mexico.
    Article 16(3) of the NAALC provides for the review of labor law 
matters in Canada and Mexico by the National Administrative Office 
(NAO), which was redesignated as the OTAI in a Federal Register Notice 
issued on December 23, 2004 (69 FR 77128 (2004)). The objectives of the 
review of the submission will be to gather information to assist the 
OTAI to better understand and publicly report on the Government of 
Mexico's compliance with the obligations set forth in the NAALC.

EFFECTIVE DATE: January 6, 2006.

FOR FURTHER INFORMATION CONTACT: Peter Accolla, Acting Director, Office 
of Trade Agreement Implementation, U.S. Department of Labor, 200 
Constitution Avenue, NW., Room S-5205, Washington, DC 20210. Telephone: 
(202) 693-4900 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: On October 14, 2005, U.S. Submission 
2005-03 was filed by The Progressive Union of Workers of the 
Textile Industry, the Manufacturing, Cutting and Confection of Fabric 
and Garments in General and Related and Similar Industries in the 
Mexican Republic, a member of the ``Vanguardia Obrera'' Workers 
Federation of the Revolutionary Confederation of Workers and Peasants 
(FTVO-CROC), with the support of the U.S. Labor Education in the 
Americas Project, and the Washington Office on Latin America under the 
NAALC concerning the enforcement of labor laws by the Government of 
Mexico. The submission focuses on events at a textile plant operated by 
Rubie's de Mexico, S. de R.L. de C.V., in the municipality of Tepeji 
del Rio, State of Hidalgo, Mexico.
    The submitters allege that the Government of Mexico has failed to 
fulfill its obligations under the NAALC to effectively enforce its 
labor law under Article 3 in connection with freedom of association and 
protection of the right to organize, the right to bargain collectively, 
the right to strike, prohibition of forced labor, labor protections for 
children and young persons, minimum employment standards, elimination 
of employment discrimination, prevention of occupational injuries and 
illnesses, and compensation in cases of occupational injuries and 
illnesses, and under Article 5 with respect to fair, equitable and 
transparent labor tribunal proceedings.
    The submission focuses on the submitter's attempts to organize a 
union at a plant operated by Rubie's de Mexico, S. de R.L. de C.V., in 
the municipality of Tepeji del Rio, State of Hidalgo, alleging that 
Mexico's Federal Conciliation and Arbitration Board No. 6 and Local 
Conciliation and Arbitration Board No. 51 failed to provide workers 
with fair, equitable and transparent proceedings to enforce their right 
to form a union to represent the workers in collective bargaining. 
Allegations also include failure on the part of state and federal 
authorities to provide effective onsite inspections and remedies for 
labor law violations concerning forced labor, minimum wage, overtime 
pay, prevention of discrimination, occupational safety and health, and 
child labor. Finally, the submitters assert that the actions and/or 
inaction by the Government of Mexico represent a pattern of non-
enforcement of its labor laws.
    The Procedural Guidelines for the OTAI, published in the Federal 
Register on April 7, 1994, 59 FR 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.
    U.S. Submission 2005-03, which alleges that Mexico has 
failed to effectively enforce its labor law under NAALC Articles 3 and 
5, relates to labor law matters in Mexico. A review would further the 
objectives of the NAALC, as set out in Article 1 of the NAALC, among 
them improving working conditions and living standards in each Party's 
territory, promoting the NAALC's labor principles, and encouraging 
publication and exchange of information, data development, and 
coordination to enhance mutually beneficial understanding of the laws 
and institutions governing labor in each Party's territory. 
Accordingly, this submission has been accepted for review under Section 
G of the OTAI Procedural Guidelines.
    The OTAI'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 OTAI to better understand and publicly report on the 
issues of freedom of association and protection of the right to 
organize, the right to bargain collectively, the right to strike, 
prohibition of forced labor, labor protections for children and young 
persons, minimum employment standards, elimination of employment 
discrimination, prevention of occupational injuries and illnesses, and 
compensation in cases of occupational injuries and illnesses, 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 OTAI.

    Signed at Washington, DC on January 6, 2006.
Peter Accolla,
Acting Director, Office of Trade Agreement Implementation.
[FR Doc. E6-228 Filed 1-11-06; 8:45 am]
BILLING CODE 4510-28-P