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Public Report of Review of Office of Trade and Labor Affairs Submission 2005-03

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SUMMARY OF THE SUBMISSION Submission 2005-03 alleges that the Government of Mexico failed to fulfill its obligation under Article 3 of the NAALC to effectively enforce its labor laws in connection with freedom of association and protection of the right to organize, the right to bargain collectively, and the right to strike. The submission further alleges that the government did not effectively enforce its laws by failing to conduct required on-site inspections to detect and remedy labor law violations concerning forced labor, child labor, minimum employment standards, employment discrimination, and occupational safety and health. The submission also alleges that the Government of Mexico has failed to effectively ensure that administrative and labor tribunal proceedings related to collective bargaining and the right to strike are fair, equitable, and transparent, in violation of Article 5 of the NAALC.The focus of the submission is on FTVO-CROC’s efforts to obtain collective bargaining rights on behalf of workers at the Rubie’s de Mexico (Rubie’s) facility in the municipality of Tepeji del Rio, State of Hidalgo, Mexico. According to the submitters, the government’s failure to enforce its labor laws led to a persistent pattern of labor law violations, which prompted the submitters to seek representation from the FTVO-CROC to address those problems. The submitters allege that efforts to obtain representation were improperly denied by Mexico’s Federal Conciliation and Arbitration Board No. 6 and Local Conciliation and Arbitration Board No. 51. The Boards’ denials were based on jurisdictional issues, procedural flaws in the FTVO-CROC’s legal filings, and on the grounds that Rubie’s was a party to an existing collective bargaining agreement with another union. The submitters allege that these denials represent an ongoing failure by the Government of Mexico to protect collective bargaining rights and provide access to fair and equitable labor tribunals.

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North American Agreement on Labor Cooperation; NAALC; Mexico; Canada; United States; labor law; working conditions; worker rights; Hidalgo


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