81 FR 1445 - North American Agreement on Labor Cooperation Notice of Determination Regarding Review of Submission #2015-04

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 81, Issue 7 (January 12, 2016)

The Office of Trade and Labor Affairs (OTLA) gives notice that on January 11, 2016, Submission #2015-04 regarding Mexico was accepted for review pursuant to Article 16(3) of the North American Agreement on Labor Cooperation (NAALC). On November 12, 2015, the United Food & Commercial Workers Local 770, the Frente Aut[eacute]ntico del Trabajo, the Los Angeles Alliance for a New Economy, and the Project on Organizing, Development, Education, and Research, provided a submission to OTLA, through Change to Win, alleging violations of the NAALC by the Government of Mexico (GOM). U.S. Submission #2015-04 alleges that the GOM has failed to meet its obligations under the NAALC, including to effectively enforce its labor laws with respect to freedom of association, collective bargaining, discrimination, minimum labor standards, occupational safety and health, and workers' compensation and to ensure that its labor law proceedings are fair, equitable, and transparent. 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 will be to gather information so that OTLA can better understand the allegations contained in the submission and publicly report on the issues raised therein in light of the GOM's obligations under the NAALC. As set out in the Procedural Guidelines (published as 71 FR 76691 (2006)), OTLA will complete the review and issue a public report to the Secretary of Labor within 180 days of this acceptance, unless circumstances, as determined by OTLA, require an extension of time.

[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Notices]
[Pages 1445-1446]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00436]


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DEPARTMENT OF LABOR

Office of the Secretary


North American Agreement on Labor Cooperation Notice of 
Determination Regarding Review of Submission #2015-04

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

ACTION: Notice.

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SUMMARY: The Office of Trade and Labor Affairs (OTLA) gives notice that 
on January 11, 2016, Submission #2015-04 regarding Mexico was accepted 
for review pursuant to Article 16(3) of the North American Agreement on 
Labor Cooperation (NAALC).
    On November 12, 2015, the United Food & Commercial Workers Local 
770, the Frente Aut[eacute]ntico del Trabajo, the Los Angeles Alliance 
for a New Economy, and the Project on Organizing, Development, 
Education, and Research, provided a submission to OTLA, through Change 
to Win, alleging violations of the NAALC by the Government of Mexico 
(GOM). U.S. Submission #2015-04 alleges that the GOM has failed to meet 
its obligations under the NAALC, including to effectively enforce its 
labor laws with respect to freedom of association, collective 
bargaining, discrimination, minimum labor standards, occupational 
safety and health, and workers' compensation and to ensure that its 
labor law proceedings are fair, equitable, and transparent.
    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 
will be to gather information so that OTLA can better understand the 
allegations contained in the submission and publicly report on the 
issues raised therein in light of the GOM's obligations under the 
NAALC. As set out in the Procedural Guidelines (published as 71 FR 
76691 (2006)), OTLA will complete the review and issue a public report 
to the Secretary of Labor within 180 days of this acceptance, unless 
circumstances, as determined by OTLA, require an extension of time.

DATES: Effective Date: January 11, 2016.

FOR FURTHER INFORMATION CONTACT: Matthew Levin, 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 that 
each Party's National Administrative Office provide for the submission 
and receipt of public communications (``submissions'') regarding labor 
law matters arising in the territory of another Party and review those 
submissions in accordance with domestic procedures. A Federal Register 
notice issued on December 21, 2006, informed the public that the OTLA 
had been designated as the office to serve as the contact point for 
implementing the labor provisions of United States free trade 
agreements and had retained the functions of, and designation as, the 
National Administrative Office to administer Departmental 
responsibilities under the NAALC. The same Federal Register notice 
informed the public of the Procedural Guidelines that OTLA would follow 
for the receipt and review of public submissions (71 FR 76691 (2006)). 
These Procedural Guidelines are available at http://www.dol.gov/ilab/media/pdf/2006021837.pdf. 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'' of a 
U.S. free trade agreement 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 #2015-04 alleges that the GOM has failed to meet 
its obligations under the NAALC, including to effectively enforce its 
labor laws with respect to freedom of association, collective 
bargaining, discrimination, minimum labor standards, occupational 
safety and health, and workers' compensation and to ensure that its 
labor law proceedings are fair, equitable, and transparent.
    In determining whether to accept the submission, OTLA considered 
the statements in the submission in light of the relevant factors 
identified in the Procedural Guidelines. The submission raises issues 
relevant to multiple NAALC Labor Principles. 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. The submission raises pertinent issues that could 
further the objectives of the NAALC and that could, if substantiated, 
constitute a failure of the GOM to comply with its obligations under 
the NAALC. The submitters provided both general information and 
specific worker interview results related to alleged protection 
contracts and a description of methodology and efforts to gain access 
to registered collective bargaining agreements through Web sites and 
GOM officials. The submission notes that

[[Page 1446]]

issues raised in the submission have not been remedied to date. OTLA 
has not received similar submissions related to the NAALC obligations 
of the GOM. Accordingly, 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 
will be to gather information so that OTLA can better understand the 
allegations contained in the submission and to publicly report on the 
issues raised therein. As set out in the Procedural Guidelines, OTLA 
will complete the review and issue a public report to the Secretary of 
Labor within 180 days, unless circumstances, as determined by OTLA, 
require an extension of time. The public report will include a summary 
of the review process, as well as any findings and recommendations.

    Signed in Washington, DC, on January 7, 2016.
Carol Pier,
Deputy Undersecretary for International Affairs.
[FR Doc. 2016-00436 Filed 1-11-16; 8:45 am]
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