The United States files a labor complaint with Mexico against the Hierro oxidation plant in Coahuila

The United States Government, through the Trade Representative, Catherine TaiMinister of Labor, Marty Walshsent a new complaint to the Mexican government to review whether workers at the Teksid Hierro plant in Mexico (iron oxidation) located in Frontera, CoahuilaThey are denied the rights to free association and collective bargaining.

The application was made in response to a petition filed under the United States Mexico Canada Agreement Implementation Act (USMCA; also known as USMCA), which is the fourth time that the United States has asked Mexico to review issues of freedom of association and collective bargaining under the Rapid Response Mechanism for Action (RRM).

On May 5, the National Confederation of Miners, Metallurgists, Steel and Similar Workers of the Republic of Mexico (SNTMMSSRM), along with US unions and organizations, submitted to the Interagency Action Committee the complaint regarding the dispute over union representation fighting the union CTM.

“We continue to use the rapid response mechanism of action USMCA To stand up for workers’ rights and we remain committed to working closely with the Mexican government to do so, said the ambassador Catherine Taiadding that “when our trade policy helps ensure that workers in all countries can exercise their rights, it helps fuel the race to the top.”

In turn, the US Secretary of Labor, Marty Walsh, said that the US Department of Labor will continue to work to ensure freedom of association and collective bargaining rights. These core principles are the basis of the factor-centered trade agenda of the Biden-Harris administration. We look forward to continuing our fruitful cooperation with the Mexican government to protect the rights of workers to choose their union representation freely and without interference.”

It should be noted that the dispute in the company oxidation – which employs more than 1,000 workers – has a long history among the miners’ union organization that he leads, Napoleon Gomez Urrutia and the state metalworkers union, where it was located Teresa Medinawho stated that the way out of this problem was to allow a “recount” – the workers’ vote – so that they would be the ones to choose their union representation.

The Ministry of Economy renews its commitment to T-MEC

Mexico, through the Ministry of Economy, has 10 days to notify whether or not it will review the application.

The Government of Mexico has affirmed its commitment to the effective implementation of the provisions set forth in the T-MEC and in national legislation, thus ensuring transparency and certainty for Mexican workers,” the Ministry of Economy said in a statement to the press.

The rapid response mechanism It will be applied in priority sectors, which are defined as those that produce manufactured goods, provide services or involve mining.

For greater certainty, manufactured products include, among others, aerospace products and components, automobiles and auto parts, cosmetics, industrial baked goods, steel and aluminium, glass, ceramics, plastics, forgings, and cement.

The Annex 23A of T-MEC It states that Mexico must include in its legislation provisions regarding the right of workers to participate in collective bargaining and to organize, form and join a union of their choosing without employers’ interference in union activities.

The Mexican government published on May 1, 2019, a work repair Advanced and comprehensive integrating the commitments Mexico has agreed to through the T-MEC and other international agreements.

A combination of USMCA These reforms present important challenges for Mexican companies, which will now have the burden of demonstrating that workers’ rights are effectively protected in their facilities, in order to avoid starting rapid response mechanism.

The mechanism provides for rapid monitoring and enforcement of workers’ rights in establishments, as stipulated in USMCAhighlighting the following points:

Parties shall create and maintain three lists Members of the Rapid Response Action Committee.

With regard to Mexico and the United States, each party will allocate three people to one list each and will unanimously designate three people for a joint list. Individuals included in the Joint List will not be nationals of Mexico or the United States.

Labor committee members will be appointed for a minimum term of 4 years or until the parties form new lists. The members of the working committee must be duly qualified.

The committee will consist of five members, unless three members are agreed upon, and in the case of five members, the parties will agree together on the chairperson and then select two members of the committee who are not nationals of the elected party.