North American Agreement on Labor Cooperation Notice of Determination Regarding Review of Submission #2011-02, 4366-4367 [2012-1765]

Download as PDF 4366 Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Notices proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Agency: Occupational Safety and Health Administration. Title of Collection: Vehicle-Mounted Elevating and Rotating Work Platforms Standard. OMB Control Number: 1218–0230. Affected Public: Private Sector— Businesses or other for-profits. Total Estimated Number of Respondents: 1,000. Total Estimated Number of Responses: 1,014. Total Estimated Annual Burden Hours: 21. Total Estimated Annual Other Costs Burden: $0. Dated: January 12, 2012. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2012–1737 Filed 1–26–12; 8:45 am] BILLING CODE 4510–26–P DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Current Population Survey Disability Supplement ACTION: Notice. The Department of Labor (DOL) is submitting the Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) proposal titled, ‘‘Current Population Survey Disability Supplement,’’ to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.). DATES: Submit comments on or before February 27, 2012. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:14 Jan 26, 2012 Jkt 226001 Web site, https://www.reginfo.gov/ public/do/PRAMain, on the day following publication of this notice or by contacting Michel Smyth by telephone at (202) 693–4129 (this is not a toll-free number) or sending an email to DOL_PRA_PUBLIC@dol.gov. Submit comments about this request to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Department of Labor, Bureau of Labor Statistics (BLS), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: (202) 395–6929/Fax: (202) 395–6881 (these are not toll-free numbers), email: OIRA_submission@omb.eop.gov. FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at (202) 693–4129 (this is not a toll-free number) or by email at DOL_PRA_PUBLIC@dol.gov. SUPPLEMENTARY INFORMATION: The Current Population Survey (CPS) Disability Supplement will provide information on labor force participation rates for people with disabilities; the use of and satisfaction with programs that prepare people with disabilities for employment; the work history, barriers to employment, and workplace accommodations reported by persons with a disability; and the effect of financial assistance programs on the likelihood of working. Because the Disability Supplement is part of the CPS, the same detailed demographic information collected in the CPS will be available about respondents to the supplement. This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information if the collection of information does not display a valid OMB Control Number. See 5 CFR 1320.5(a) and 1320.6. For additional information, see the related notice published in the Federal Register on October 19, 2011 (76 FR 64975). Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within 30 days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 mention OMB ICR Reference Number 201110–1220–003. The OMB is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Agency: Bureau of Labor Statistics (BLS). Title of Collection: Current Population Survey Disability Supplement. OMB Control Number: 201110–1220– 003. Affected Public: Individuals or Households. Total Estimated Number of Respondents: 63,000. Total Estimated Number of Responses: 106,000. Total Estimated Annual Burden Hours: 8,833. Total Estimated Annual Other Costs Burden: $0. Dated: January 23, 2012. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2012–1752 Filed 1–26–12; 8:45 am] BILLING CODE 4510–24–P DEPARTMENT OF LABOR Office of the Secretary North American Agreement on Labor Cooperation Notice of Determination Regarding Review of Submission #2011–02 Bureau of International Labor Affairs, U.S. Department of Labor. ACTION: Notice. AGENCY: The Office of Trade and Labor Affairs (OTLA) gives notice that on January 13, 2012, Submission #2011–02 was accepted for review pursuant to Article 16.3 of the North American Agreement on Labor Cooperation (NAALC). SUMMARY: E:\FR\FM\27JAN1.SGM 27JAN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Notices The Sindicato Mexicano de Electricistas (SME), a Mexican union, filed the submission with OTLA on November 14, 2011. The SME also filed the submission on behalf of 93 other organizations. The submitters allege that the Government of Mexico (GOM) failed to fulfill its obligations under Articles 2 through 6 of the NAALC. The submission alleges that these violations of the NAALC stem from a number of actions or failures to take action on the part of the GOM starting with the issuance of a Presidential decree on October 10, 2009 dissolving the stateowned electrical power company, Central Light and Power (Luz y Fuerza del Centro), thereby in effect terminating the employment of over 44,000 SME members. According to the submission, the GOM’s subsequent actions or lack thereof denied these workers their rights under Mexican law related to freedom of association, the right to organize, the right to bargain collectively, and the prevention of occupational injuries and illnesses. If substantiated, such statements in the submission could constitute a failure on the part of Mexico to comply with its obligations under the NAALC. The objective of the review of the submission will be to gather information so that OTLA can better understand the allegations therein and publicly report on the U.S. Government’s views regarding whether the GOM’s actions were consistent with its obligations under the NAALC. DATES: Effective Date: January 13, 2012. FOR FURTHER INFORMATION CONTACT: Gregory Schoepfle, Director, OTLA, U.S. Department of Labor, 200 Constitution Avenue NW., Room S–5303, Washington, DC 20210. Telephone: (202) 693–4900. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: Article 16.3 of the NAALC requires each Party’s National Administrative Office (NAO) to provide for the submission, receipt and review of public communications of labor law matters arising in the territory of another Party. In the United States, the NAO was re-designated as OTLA in a Federal Register notice issued on December 21, 2006 (71 FR 76691 (2006)). The same Federal Register notice informed the public of the Procedural Guidelines that OTLA would follow for the receipt and review of public submissions. These Procedural Guidelines are available at https:// www.dol.gov/ilab/programs/otla/ proceduralguidelines.htm. According to the definitions contained in the Procedural Guidelines (Section B) a ‘‘submission’’ is ‘‘a communication from VerDate Mar<15>2010 18:14 Jan 26, 2012 Jkt 226001 the public containing specific allegations, accompanied by relevant supporting information, that another Party has failed to meet its commitments or obligations arising under a labor chapter or Part Two of the NAALC.’’ The Procedural Guidelines specify that OTLA shall consider six factors, to the extent that they are relevant, in determining whether to accept a submission for review: 1. Whether the submission raises issues relevant to any matter arising under a labor chapter or the NAALC; 2. Whether a review would further the objectives of a labor chapter or the NAALC; 3. Whether the submission clearly identifies the person filing the submission, is signed and dated, and is sufficiently specific to determine the nature of the request and permit an appropriate review; 4. Whether the statements contained in the submission, if substantiated, would constitute a failure of the other Party to comply with its obligations or commitments under a labor chapter or the NAALC; 5. Whether the statements contained in the submission or available information demonstrate that appropriate relief has been sought under the domestic laws of the other Party, or that the matter or a related matter is pending before an international body; and 6. Whether the submission is substantially similar to a recent submission and significant, new information has been furnished that would substantially differentiate the submission from the one previously filed. U.S. Submission #2011–2 alleges that the GOM, through a Presidential Decree dated October 10, 2009, terminated 44,000 workers of Luz y Fuerza del Centro without the legally required notice; failed to transfer the employer’s obligations to the new employer as a substitute employer; failed to give fired union workers preference in the hiring process; failed to guarantee the right to freedom of association; failed to negotiate economic bargaining issues with the union; failed to effectively enforce its labor inspection laws regarding occupational safety and health (OSH) regulations; and failed to provide an effective judicial process for the terminated workers. In particular, the SME alleges that the Mexican government violated Articles 41, 47, 53, 154, 357, 358, 386, 387, 433, 434, 435, 438, 541, 542, and 900 through 919 of the Mexican Federal Labor Law, and PO 00000 Frm 00093 Fmt 4703 Sfmt 9990 4367 Articles 9, 14, and 17 of the Mexican Constitution. U.S. Submission #2011–02 alleges that Mexico has failed to effectively enforce its labor law under NAALC Articles 2 through 6, and relates to labor law enforcement matters in Mexico. In determining whether to accept the submission, OTLA considered the relevant factors in light of the statements in the submission and additional supplementary information provided by the submitters. The submission clearly identifies the submitters, is signed and dated, and is sufficiently specific to determine the nature of the request and permit an appropriate review. It also raises issues relevant to labor law matters arising under the NAALC and a review would appear to further the objectives of the NAALC. In addition, it appears that statements contained in the submission could, if substantiated, constitute a failure of the GOM to comply with its NAALC obligations. The submission described the extensive efforts of the SME to seek appropriate relief under domestic laws and procedures. Accordingly, the OTLA has accepted the submission for review. OTLA’s decision to accept the submission for review is not intended to indicate any determination as to the validity or accuracy of the allegations contained in the submission. The objective of the review of the submission will be to gather information so that OTLA can better understand the allegations therein and publicly report on the issues raised by the submission. OTLA will complete the review and issue a public report within 180 days, unless circumstances, as determined by OTLA, require an extension of time, as set out in the Procedural Guidelines. The public report will include a summary of the review process, as well as any findings and recommendations. Signed at Washington, DC, on January 13, 2012. Sandra Polaski, Deputy Undersecretary for International Affairs. [FR Doc. 2012–1765 Filed 1–26–12; 8:45 am] BILLING CODE 4510–28–P E:\FR\FM\27JAN1.SGM 27JAN1

Agencies

[Federal Register Volume 77, Number 18 (Friday, January 27, 2012)]
[Notices]
[Pages 4366-4367]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1765]


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DEPARTMENT OF LABOR

Office of the Secretary


North American Agreement on Labor Cooperation Notice of 
Determination Regarding Review of Submission 2011-02

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Office of Trade and Labor Affairs (OTLA) gives notice that 
on January 13, 2012, Submission 2011-02 was accepted for 
review pursuant to Article 16.3 of the North American Agreement on 
Labor Cooperation (NAALC).

[[Page 4367]]

    The Sindicato Mexicano de Electricistas (SME), a Mexican union, 
filed the submission with OTLA on November 14, 2011. The SME also filed 
the submission on behalf of 93 other organizations. The submitters 
allege that the Government of Mexico (GOM) failed to fulfill its 
obligations under Articles 2 through 6 of the NAALC. The submission 
alleges that these violations of the NAALC stem from a number of 
actions or failures to take action on the part of the GOM starting with 
the issuance of a Presidential decree on October 10, 2009 dissolving 
the state-owned electrical power company, Central Light and Power (Luz 
y Fuerza del Centro), thereby in effect terminating the employment of 
over 44,000 SME members. According to the submission, the GOM's 
subsequent actions or lack thereof denied these workers their rights 
under Mexican law related to freedom of association, the right to 
organize, the right to bargain collectively, and the prevention of 
occupational injuries and illnesses. If substantiated, such statements 
in the submission could constitute a failure on the part of Mexico to 
comply with its obligations under the NAALC.
    The objective of the review of the submission will be to gather 
information so that OTLA can better understand the allegations therein 
and publicly report on the U.S. Government's views regarding whether 
the GOM's actions were consistent with its obligations under the NAALC.

DATES: Effective Date: January 13, 2012.

FOR FURTHER INFORMATION CONTACT: Gregory Schoepfle, Director, OTLA, 
U.S. Department of Labor, 200 Constitution Avenue NW., Room S-5303, 
Washington, DC 20210. Telephone: (202) 693-4900. (This is not a toll-
free number.)

SUPPLEMENTARY INFORMATION: Article 16.3 of the NAALC requires each 
Party's National Administrative Office (NAO) to provide for the 
submission, receipt and review of public communications of labor law 
matters arising in the territory of another Party. In the United 
States, the NAO was re-designated as OTLA in a Federal Register notice 
issued on December 21, 2006 (71 FR 76691 (2006)). The same Federal 
Register notice informed the public of the Procedural Guidelines that 
OTLA would follow for the receipt and review of public submissions. 
These Procedural Guidelines are available at https://www.dol.gov/ilab/programs/otla/proceduralguidelines.htm. According to the definitions 
contained in the Procedural Guidelines (Section B) a ``submission'' is 
``a communication from the public containing specific allegations, 
accompanied by relevant supporting information, that another Party has 
failed to meet its commitments or obligations arising under a labor 
chapter or Part Two of the NAALC.''
    The Procedural Guidelines specify that OTLA shall consider six 
factors, to the extent that they are relevant, in determining whether 
to accept a submission for review:
    1. Whether the submission raises issues relevant to any matter 
arising under a labor chapter or the NAALC;
    2. Whether a review would further the objectives of a labor chapter 
or the NAALC;
    3. Whether the submission clearly identifies the person filing the 
submission, is signed and dated, and is sufficiently specific to 
determine the nature of the request and permit an appropriate review;
    4. Whether the statements contained in the submission, if 
substantiated, would constitute a failure of the other Party to comply 
with its obligations or commitments under a labor chapter or the NAALC;
    5. Whether the statements contained in the submission or available 
information demonstrate that appropriate relief has been sought under 
the domestic laws of the other Party, or that the matter or a related 
matter is pending before an international body; and
    6. Whether the submission is substantially similar to a recent 
submission and significant, new information has been furnished that 
would substantially differentiate the submission from the one 
previously filed.

U.S. Submission 2011-2 alleges that the GOM, through a 
Presidential Decree dated October 10, 2009, terminated 44,000 workers 
of Luz y Fuerza del Centro without the legally required notice; failed 
to transfer the employer's obligations to the new employer as a 
substitute employer; failed to give fired union workers preference in 
the hiring process; failed to guarantee the right to freedom of 
association; failed to negotiate economic bargaining issues with the 
union; failed to effectively enforce its labor inspection laws 
regarding occupational safety and health (OSH) regulations; and failed 
to provide an effective judicial process for the terminated workers. In 
particular, the SME alleges that the Mexican government violated 
Articles 41, 47, 53, 154, 357, 358, 386, 387, 433, 434, 435, 438, 541, 
542, and 900 through 919 of the Mexican Federal Labor Law, and Articles 
9, 14, and 17 of the Mexican Constitution. U.S. Submission 
2011-02 alleges that Mexico has failed to effectively enforce 
its labor law under NAALC Articles 2 through 6, and relates to labor 
law enforcement matters in Mexico.
    In determining whether to accept the submission, OTLA considered 
the relevant factors in light of the statements in the submission and 
additional supplementary information provided by the submitters. The 
submission clearly identifies the submitters, is signed and dated, and 
is sufficiently specific to determine the nature of the request and 
permit an appropriate review. It also raises issues relevant to labor 
law matters arising under the NAALC and a review would appear to 
further the objectives of the NAALC. In addition, it appears that 
statements contained in the submission could, if substantiated, 
constitute a failure of the GOM to comply with its NAALC obligations. 
The submission described the extensive efforts of the SME to seek 
appropriate relief under domestic laws and procedures. Accordingly, the 
OTLA has accepted the submission for review.
    OTLA's decision to accept the submission for review is not intended 
to indicate any determination as to the validity or accuracy of the 
allegations contained in the submission. The objective of the review of 
the submission will be to gather information so that OTLA can better 
understand the allegations therein and publicly report on the issues 
raised by the submission. OTLA will complete the review and issue a 
public report within 180 days, unless circumstances, as determined by 
OTLA, require an extension of time, as set out in the Procedural 
Guidelines. The public report will include a summary of the review 
process, as well as any findings and recommendations.

    Signed at Washington, DC, on January 13, 2012.
Sandra Polaski,
Deputy Undersecretary for International Affairs.
[FR Doc. 2012-1765 Filed 1-26-12; 8:45 am]
BILLING CODE 4510-28-P
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