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)
Office of the Secretary
Federal Register Volume 81, Issue 7 (January 12, 2016)
| Page Range | 1445-1446 | |
| FR Document | 2016-00436 |
[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 4510-28-P
![Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Notices 1445
estimated for an average respondent to validity or accuracy of the allegations 1. Whether the submission raises
respond/reply: contained in the submission. The issues relevant to any matter arising
It is estimated that approximately objective of the review will be to gather under a labor chapter or the NAALC;
20,964 respondents will respond with information so that OTLA can better 2. Whether a review would further the
an average of 15 minutes per response. understand the allegations contained in objectives of a labor chapter or the
(6) An estimate of the total public the submission and publicly report on NAALC;
burden (in hours) associated with the the issues raised therein in light of the 3. Whether the submission clearly
collection: The total estimated burden is GOM’s obligations under the NAALC. identifies the person filing the
5,241 hours. As set out in the Procedural Guidelines submission, is signed and dated, and is
If additional information is required (published as 71 FR 76691 (2006)), sufficiently specific to determine the
contact: Jerri Murray, Department OTLA will complete the review and nature of the request and permit an
Clearance Officer, United States issue a public report to the Secretary of appropriate review;
Department of Justice, Justice Labor within 180 days of this 4. Whether the statements contained
Management Division, Policy and acceptance, unless circumstances, as in the submission, if substantiated,
Planning Staff, Two Constitution determined by OTLA, require an would constitute a failure of the other
Square, 145 N Street NE., Room 3E.405B extension of time. Party to comply with its obligations or
Washington, DC 20530. DATES: Effective Date: January 11, 2016.
commitments under a labor chapter or
Dated: January 7, 2016.
the NAALC;
FOR FURTHER INFORMATION CONTACT:
5. Whether the statements contained
Jerri Murray, Matthew Levin, Director, OTLA, U.S. in the submission or available
Department Clearance Officer for PRA, U.S. Department of Labor, 200 Constitution information demonstrate that
Department of Justice. Avenue NW., Room S–5303, appropriate relief has been sought under
[FR Doc. 2016–00423 Filed 1–11–16; 8:45 am] Washington, DC 20210. Telephone: the domestic laws of the other Party, or
BILLING CODE 4410–AT–P (202) 693–4900. (This is not a toll-free that the matter or a related matter is
number.) pending before an international body;
SUPPLEMENTARY INFORMATION: Article and
DEPARTMENT OF LABOR 16(3) of the NAALC requires that each 6. Whether the submission is
Party’s National Administrative Office substantially similar to a recent
Office of the Secretary provide for the submission and receipt submission and significant, new
of public communications information has been furnished that
North American Agreement on Labor (‘‘submissions’’) regarding labor law would substantially differentiate the
Cooperation Notice of Determination matters arising in the territory of submission from the one previously
Regarding Review of Submission another Party and review those filed.
#2015–04 submissions in accordance with U.S. Submission #2015–04 alleges
AGENCY: Bureau of International Labor domestic procedures. A Federal that the GOM has failed to meet its
Affairs, U.S. Department of Labor. Register notice issued on December 21, obligations under the NAALC, including
ACTION: Notice.
2006, informed the public that the to effectively enforce its labor laws with
OTLA had been designated as the office respect to freedom of association,
SUMMARY: The Office of Trade and Labor to serve as the contact point for collective bargaining, discrimination,
Affairs (OTLA) gives notice that on implementing the labor provisions of minimum labor standards, occupational
January 11, 2016, Submission #2015–04 United States free trade agreements and safety and health, and workers’
regarding Mexico was accepted for had retained the functions of, and compensation and to ensure that its
review pursuant to Article 16(3) of the designation as, the National labor law proceedings are fair, equitable,
North American Agreement on Labor Administrative Office to administer and transparent.
Cooperation (NAALC). Departmental responsibilities under the In determining whether to accept the
On November 12, 2015, the United NAALC. The same Federal Register submission, OTLA considered the
Food & Commercial Workers Local 770, notice informed the public of the statements in the submission in light of
the Frente Auténtico del Trabajo, the Procedural Guidelines that OTLA would the relevant factors identified in the
Los Angeles Alliance for a New follow for the receipt and review of Procedural Guidelines. The submission
Economy, and the Project on public submissions (71 FR 76691 raises issues relevant to multiple
Organizing, Development, Education, (2006)). These Procedural Guidelines NAALC Labor Principles. The
and Research, provided a submission to are available at http://www.dol.gov/ilab/ submission clearly identifies the
OTLA, through Change to Win, alleging media/pdf/2006021837.pdf. According submitters, is signed and dated, and is
violations of the NAALC by the to the definitions contained in the sufficiently specific to determine the
Government of Mexico (GOM). U.S. Procedural Guidelines (Section B) a nature of the request and permit an
Submission #2015–04 alleges that the ‘‘submission’’ is ‘‘a communication from appropriate review. The submission
GOM has failed to meet its obligations the public containing specific raises pertinent issues that could further
under the NAALC, including to allegations, accompanied by relevant the objectives of the NAALC and that
effectively enforce its labor laws with supporting information, that another could, if substantiated, constitute a
respect to freedom of association, Party has failed to meet its failure of the GOM to comply with its
collective bargaining, discrimination, commitments or obligations arising obligations under the NAALC. The
minimum labor standards, occupational under a labor chapter’’ of a U.S. free submitters provided both general
tkelley on DSK3SPTVN1PROD with NOTICES
safety and health, and workers’ trade agreement or Part Two of the information and specific worker
compensation and to ensure that its NAALC. interview results related to alleged
labor law proceedings are fair, equitable, The Procedural Guidelines specify protection contracts and a description of
and transparent. that OTLA shall consider six factors, to methodology and efforts to gain access
OTLA’s decision to accept the the extent that they are relevant, in to registered collective bargaining
submission for review is not intended to determining whether to accept a agreements through Web sites and GOM
indicate any determination as to the submission for review: officials. The submission notes that
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![1446 Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Notices
issues raised in the submission have not Future Rounds. A copy of the proposed September 2014 to state government
been remedied to date. OTLA has not Information Collection Request (ICR) agencies which distributed the funds to
received similar submissions related to can be obtained by contacting the office their local workforce investment areas’
the NAALC obligations of the GOM. listed in the addressee section of this (LWIAs) American Job Centers (AJCs) to
Accordingly, OTLA has accepted the notice. implement these activities. In 2014,
submission for review. DATES: Written comments must be ETA and ODEP provided $14,837,785 to
OTLA’s decision to accept the submitted to the office listed in the six Round 5 grantees. Round 6 grantees
submission for review is not intended to addressee’s section below on or before were awarded cooperative agreements
indicate any determination as to the February 11, 2016. in October 2015. Since 2010, the
validity or accuracy of the allegations Department of Labor has awarded over
ADDRESSES: You may submit comments
contained in the submission. The $95 million in grants to state workforce
by either one of the following methods:
objective of the review will be to gather agencies. DEI Rounds 1–4 focused on
Email: hunter.cherise@dol.gov; Mail or
information so that OTLA can better the implementation of strategic service
Courier: Office of Disability
understand the allegations contained in delivery strategies including integrated
Employment Policy, U.S. Department of
the submission and to publicly report resource teams, blending and braiding
Labor, Room S–1303, 200 Constitution
on the issues raised therein. As set out of resources, use of the Guideposts for
Avenue NW., Washington, DC 20210,
in the Procedural Guidelines, OTLA Success (youth grantees only),
Attention: Cherise Hunter.
will complete the review and issue a customized employment, self-
FOR FURTHER INFORMATION CONTACT:
public report to the Secretary of Labor employment and asset development
Cherise Hunter by telephone at 202– strategies. R5FR will add career
within 180 days, unless circumstances,
693–4931 (this is not a toll-free number) pathways to the DEI service package.
as determined by OTLA, require an
or by email at hunter.cherise@dol.gov. The DEI R5FR impact study will use
extension of time. The public report will
Copies of this notice may be obtained in two distinct quasi-experimental design
include a summary of the review
alternative formats (Large print, Braille, (QED) study designs to determine the
process, as well as any findings and Audio Tape, or Disc), upon request by
recommendations. impact of DEI interventions on
calling (202) 693–7880 (this is not a toll- participant outcomes. The first study
Signed in Washington, DC, on January 7, free number). TTY/TTD callers may dial
2016.
design is a matched comparison group
(202) 693–7881 to obtain information or design, with the treatment and
Carol Pier, to request materials in alternative comparison conditions established at
Deputy Undersecretary for International formats. the LWIA level. The second design will
Affairs.
SUPPLEMENTARY INFORMATION: match similar participants within the
[FR Doc. 2016–00436 Filed 1–11–16; 8:45 am]
Round 5 grantee treatment LWIAs, with
BILLING CODE 4510–28–P I. Background
the only primary difference being
The proposed information collection enrollment in the career pathways
activities described in this notice will component versus enrollment in other
DEPARTMENT OF LABOR provide data for an impact and programs and services. The
implementation evaluation of the implementation study will examine the
Comment Request for Information
Disability Employment Initiative Round context in which each grant is being
Collection for the Evaluation of the
5 and future rounds (DEI R5FR). The implemented; grantee customer
Disability Employment Initiative Round
DEI was first funded by the U.S. characteristics; implementation of the
5 and Future Rounds Department of Labor (DOL), DEI requirements; what the grantee’s
AGENCY: Office of Disability Employment and Training DEI strategies are; program
Employment Policy, Department of Administration (ETA) and Office of implementation challenges; and systems
Labor. Disability Employment Policy (ODEP) in change.
ACTION: Notice. 2010. DEI was designed to improve This Federal Register Notice provides
educational, training and employment the opportunity to comment on three
SUMMARY: The Department of Labor, as opportunities and outcomes of youth proposed data collection instruments
part of its continuing effort to reduce and adults with disabilities who are that will be used in the DEI evaluation:
paperwork and respondent burden, unemployed, underemployed and/or (1) Site visit/interviews protocols. Site
conducts a preclearance consultation receiving Social Security Disability visits will occur at three points in time
program to provide the general public Income (SSDI), by refining and and will collect information on the
and federal agencies with an expanding already identified successful current status at baseline and change in
opportunity to comment on proposed public workforce strategies; improving grantees’ workforce development system
and/or continuing collections of coordination and collaboration among at follow-up; grantee customer
information in accordance with the employment and training and asset characteristics; implementation of the
Paperwork Reduction Act of 1995 development programs implemented at grant requirements and strategies;
(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This state and local levels, including the program implementation challenges;
program helps to ensure that requested expansion of the public workforce and system change.
data can be provided in the desired investment system’s capacity to serve as (2) Participant tracking system. For
format, reporting burden (time and Ticket to Work (TTW) Employment the purposes of tracking individual DEI
financial resources) is minimized, Networks (ENs) under the Social Round 5 participants and collecting
collection instruments are clearly Security Administration’s (SSA) TTW information that is not collected by
tkelley on DSK3SPTVN1PROD with NOTICES
understood, and the impact of collection Program; and build effective community Workforce Investment Act Standardized
requirements on respondents is properly partnerships that leverage public and Record Data (WIASRD) or Wagner-
assessed. Currently, the Department of private resources to better serve Peyser (W–P), a Participant Tracking
Labor is soliciting comments concerning individuals with disabilities and System (PTS) that is independent of the
the collection of data about the improve employment outcomes. WIASRD and W–P systems will be used.
Evaluation of the Disability Thirty-one grants in Rounds 1–4 were The PTS will provide DEI customer
Employment Initiative Round 5 and awarded from September 2010 to tracking information from participating
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Document Created: 2016-01-12 01:22:47
Document Modified: 2016-01-12 01:22:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| 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.) | |
| FR Citation | 81 FR 1445 |
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