Last month's successful resolution of a petition against a U.S.-based company operating in Mexico demonstrated both countries' commitment to workers' rights for collective bargaining.
The office of the U.S. Trade Representative (USTR) announced the resolution April 29. The agreement involves a United States-Mexico-Canada Agreement (USMCA) Rapid Response Labor Mechanism (RRM) petition related to Unique Fabricating, an automotive components facility in Santiago de Querétaro, Mexico, the release reports. Workers at the facility had allegedly been denied their rights to freedom of association and collective bargaining, according to the release.
In February, a Mexican labor union called for an RRLM petition on behalf of the Unique Fabricating workers, the release reports.
"The Interagency Labor Committee for Monitoring and Enforcement (ILC) reviewed the petition and found sufficient, credible evidence of a denial of rights enabling the good faith invocation of enforcement mechanisms," the release states.
The USTR requested the government of Mexico to review the case in March; it did, "and took many actions during the review period to ensure workers’ rights are protected at the facility," the release states.
Actions included training for management and workers; and assisting the company in issuing a "neutrality statement" acknowledging employees' right to select a union "of their choice" and stating the company's zero-tolerance policy for favoritism or discrimination of unions. The Mexican government also monitored an election at the facility where workers chose a new union, the release reports.
The government of Mexico determined the alleged denial of rights were resolved during its review of the allegations, according to the release.
"The U.S. Department of Labor appreciates the Government of Mexico's focus on employer neutrality in its review," Lee said in the release. "Workers and unions need to have confidence that they can exercise their fundamental labor rights without interference from their employers."
Unique Fabricating also signed an agreement with the new union ensuring unions have equal access to the facility, steps are taken to prevent violations of freedom of association protections, and that the new union will receive dues from company affiliates, according to the release.
“This matter demonstrates both the United States and Mexico’s commitment to ensuring workers can exercise their rights to freedom of association and collective bargaining,” Tai said in the release. “We commend the Government of Mexico and the company for their efforts to quickly resolve this matter.”
