81_FR_46850 81 FR 46713 - United States-Colombia Trade Promotion Agreement; Notice of Determination Regarding Review of Submission #2016-02

81 FR 46713 - United States-Colombia Trade Promotion Agreement; Notice of Determination Regarding Review of Submission #2016-02

DEPARTMENT OF LABOR
Office of the Secretary

Federal Register Volume 81, Issue 137 (July 18, 2016)

Page Range46713-46714
FR Document2016-16828

The Office of Trade and Labor Affairs (OTLA) gives notice that on July 15, 2016, Submission #2016-02 regarding Colombia was accepted for review pursuant to Article 17.5.5 of the United States-Colombia Trade Promotion Agreement (CTPA). On May 16, 2015, the American Federation of Labor and Congress of Industrial Organizations and five Colombian workers' and civil society organizations provided a formal submission to OTLA alleging violations of Chapter 17 (the Labor Chapter) of the CTPA by the Government of Colombia (GOC). The submission alleges that the GOC has failed to effectively enforce its labor laws through a sustained and recurring course of action or inaction in a manner that affects trade or investment; waived or otherwise derogated from its statutes or regulations in a manner affecting trade or investment; failed to adopt and maintain in its statutes and regulations, and practices thereunder, the rights as stated in the International Labor Organization Declaration on Fundamental Principles and Rights at Work (ILO Declaration); failed to ensure the proceedings in its administrative, judicial, or labor tribunals are transparent and do not entail unwarranted delays; and failed to ensure that final decisions in such proceedings are made available without undue delay. OTLA's decision to accept the submission for review does not 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 GOC's obligations under the Labor Chapter of the CTPA. As set out in the Procedural Guidelines (published as 71 FR 76691, December 21,2006), 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 Issue 137 (Monday, July 18, 2016) 
[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Notices]
[Pages 46713-46714]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16828]


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DEPARTMENT OF LABOR

Office of the Secretary


United States-Colombia Trade Promotion Agreement; Notice of 
Determination Regarding Review of Submission #2016-02

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 July 15, 2016, Submission #2016-02 regarding Colombia was accepted 
for review pursuant to Article 17.5.5 of the United States-Colombia 
Trade Promotion Agreement (CTPA). On May 16, 2015, the American 
Federation of Labor and Congress of Industrial Organizations and five 
Colombian workers' and civil society organizations provided a formal 
submission to OTLA alleging violations of Chapter 17 (the Labor 
Chapter) of the CTPA by the Government of Colombia (GOC). The 
submission alleges that the GOC has failed to effectively enforce its 
labor laws through a sustained and recurring course of action or 
inaction in a manner that affects trade or investment; waived or 
otherwise derogated from its statutes or regulations in a manner 
affecting trade or investment; failed to adopt and maintain in its 
statutes and regulations, and practices thereunder, the rights as 
stated in the International Labor Organization Declaration on 
Fundamental Principles and Rights at Work (ILO Declaration); failed to 
ensure the proceedings in its administrative, judicial, or labor 
tribunals are transparent and do not entail unwarranted delays; and 
failed to ensure that final decisions in such proceedings are made 
available without undue delay.
    OTLA's decision to accept the submission for review does not 
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 GOC's obligations under the Labor 
Chapter of the CTPA. As set out in the Procedural Guidelines (published 
as 71 FR 76691, December 21,2006), OTLA will complete the

[[Page 46714]]

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 July 15, 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 17.5 of the Labor Chapter of the 
CTPA establishes that each Party's contact point shall provide for the 
submission, receipt, and consideration of communications 
(``submissions'') on matters related to the Labor Chapter and each 
Party shall review those submissions in accordance with domestic 
procedures. A Federal Register notice issued on December 21, 2006, 
informed the public that OTLA had been designated as the office to 
serve as the contact point for implementing the labor provisions of 
United States free trade agreements. 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, December 
21, 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.
    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;
    2. Whether a review would further the objectives of a labor 
chapter;
    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;
    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 #2016-02 alleges that the GOC has failed to 
effectively enforce its labor laws through a sustained or recurring 
course of inaction or action in a manner that affects trade or 
investment; waived or otherwise derogated from its statutes or 
regulations in a manner affecting trade or investment; failed to adopt 
and maintain in its statutes and regulations, and practices thereunder, 
the rights as stated in the ILO Declaration; failed to ensure the 
proceedings in its administrative, judicial, or labor tribunals are 
transparent and do not entail unwarranted delays; and failed to ensure 
that final decisions from its administrative, judicial, or labor 
tribunals are made available without undue delay. The submission cites 
two specific cases to support its allegations.
    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 the Labor Chapter of the CTPA because it alleges that GOC 
failed to effectively enforce its labor laws through a sustained or 
recurring course of inaction or action in a manner that affects trade 
or investment; waived or otherwise derogated from its statutes or 
regulations in a manner affecting trade or investment; failed to adopt 
and maintain in its statutes and regulations, and practices thereunder, 
the rights as stated in the ILO Declaration; failed to ensure the 
proceedings in its administrative, judicial, or labor tribunals are 
transparent and do not entail unwarranted delays; and failed to ensure 
that final decisions from its administrative, judicial, or labor 
tribunals are made available without undue delay. It also clearly 
identifies the submitter 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 Labor 
Chapter and that could, if substantiated, constitute a failure of the 
GOC to comply with its obligations under the Labor Chapter. The 
submitters provided information on specific cases of alleged labor 
violations and included citations to Colombian law and other relevant 
legal instruments that they believe were violated by the allegations in 
the submission. The submitters provided information on efforts to seek 
appropriate relief for these alleged violations under domestic laws and 
to raise the issues with GOC officials and with the ILO. The submission 
also notes that the issues raised in the submission have not been 
remedied to date. OTLA has not received similar submissions related to 
the CTPA obligations of the GOC. Accordingly, OTLA has accepted the 
submission for review.
    OTLA's decision to accept the submission for review does not 
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 of acceptance, 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 at Washington, DC, on July 12, 2016.
Carol Pier,
Deputy Undersecretary for International Affairs.
[FR Doc. 2016-16828 Filed 7-15-16; 8:45 am]
 BILLING CODE 4510-28-P

Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices 46713 APPENDIX—Continued [81 TAA petitions instituted between 6/6/16 and 6/24/16] Subject firm Date of Date of TA–W Location (petitioners) institution petition 91922 ............. Seattle-Snohomish Sawmill Co. Inc. (State/One-Stop) ......... Snohomish, WA ..................... 06/15/16 06/14/16 91923 ............. Experian (Workers) ................................................................ Allen, TX ................................ 06/15/16 06/14/16 91924 ............. Mattel (State/One-Stop) ......................................................... El Segundo, CA ..................... 06/15/16 06/14/16 91925 ............. Paragon Geophysical Services Inc. (State/One-Stop) ........... Wichita, KS ............................ 06/15/16 06/14/16 91926 ............. MetalTek International—Southern Centrifugal Division Chattanooga, TN ................... 06/15/16 06/15/16 (Company). 91927 ............. DIRECTV/AT&T (Workers) ..................................................... Tulsa, OK ............................... 06/16/16 06/15/16 91928 ............. Caterpillar Work Tools Inc./Balderson (Company) ................ Jacksonville, FL ..................... 06/16/16 06/15/16 91929 ............. Sandvik, Inc. (Company) ........................................................ Stafford, TX ............................ 06/16/16 06/16/16 91930 ............. IBM (State/One-Stop) ............................................................. Colorado Springs, CO ........... 06/16/16 06/15/16 91931 ............. Cascade Auto Recycling/Cascade Auto Recycler LLC Springfield, OR ...................... 06/17/16 06/16/16 (State/One-Stop). 91932 ............. Continental Casualty Co. (CNA Insurance) (State/One-Stop) Syracuse, NY ......................... 06/17/16 06/16/16 91933 ............. Panasonic Avionics Corpration (Workers) ............................. Coppell, TX ............................ 06/17/16 06/17/16 91934 ............. Whirlpool Corp. (State/One-Stop) .......................................... Benton Harbor, MI ................. 06/17/16 06/17/16 91935 ............. Triumph Group, Inc. (State/One-Stop) ................................... Nashville, TN ......................... 06/17/16 06/17/16 91936 ............. REA Magnet Wire (State/One-Stop) ...................................... Osceola, AR ........................... 06/20/16 06/17/16 91937 ............. Brookfield Global Relocation Services (State/One-Stop) ...... Scottsdale, AZ ....................... 06/21/16 06/20/16 91938 ............. Fiat Chrysler Automobiles (Union) ......................................... Sterling Heights, MI ............... 06/21/16 06/20/16 91939 ............. Graphic Packaging International (Union) ............................... Menasha, WI .......................... 06/21/16 06/20/16 91940 ............. Halliburton Sperry Drilling Services (State/One-Stop) ........... Bakersfield, CA ...................... 06/21/16 06/20/16 91941 ............. Mega Power Inc. (Company) ................................................. Hickory, KY ............................ 06/21/16 06/20/16 91942 ............. SM Energy (Midcontinent, Tulsa) (Workers) .......................... Tulsa, OK ............................... 06/21/16 05/18/16 91943 ............. ALM Media LLC (State/One-Stop) ......................................... New York, NY ........................ 06/22/16 06/21/16 91944 ............. Static Control Components, Inc. (Workers) ........................... Sanford, NC ........................... 06/22/16 06/20/16 91945 ............. Kennametal Inc. (State/One-Stop) ......................................... Houston, TX ........................... 06/22/16 06/21/16 91946 ............. York Metal Toll Processing (State/One-Stop) ........................ Syracuse, NY ......................... 06/22/16 06/21/16 91947 ............. Jennmar (Workers) ................................................................. Cresson, PA ........................... 06/22/16 06/21/16 91948 ............. Cascades Holdings US Inc. (Company) ................................ Waterford, NY ........................ 06/23/16 06/22/16 91949 ............. Align Networks, A Division of One Call Care Management Canonsburg, PA .................... 06/23/16 06/22/16 (Workers). 91950 ............. Corbis Corporation (State/One-Stop) ..................................... Seattle, WA ............................ 06/23/16 06/20/16 91951 ............. Noranda Alumina, LLC (Company) ........................................ Gramercy, LA ......................... 06/23/16 06/21/16 91952 ............. Maersk Line (Company) ......................................................... Oakbrook Terrace (please 06/23/16 05/26/16 also include info for other locations), IL. 91953 ............. Mercer Lime Co. (Union) ........................................................ Slippery Rock, PA .................. 06/23/16 06/06/16 91954 ............. Siemens (Workers) ................................................................. Orlando, FL ............................ 06/24/16 06/23/16 91955 ............. ARRIS Group, Inc. (State/One-Stop) ..................................... Suwanee, GA ......................... 06/24/16 06/23/16 91956 ............. ITW Filtration Products (Company) ........................................ Mazon, IL ............................... 06/24/16 06/23/16 91957 ............. Joy Global Inc. (Workers) ...................................................... Eighty Five, PA ...................... 06/24/16 06/23/16 91958 ............. ClearOne Inc. (Workers) ........................................................ Salt Lake City, UT ................. 06/24/16 06/22/16 [FR Doc. 2016–16830 Filed 7–15–16; 8:45 am] Promotion Agreement (CTPA). On May Work (ILO Declaration); failed to ensure BILLING CODE 4510–FN–P 16, 2015, the American Federation of the proceedings in its administrative, Labor and Congress of Industrial judicial, or labor tribunals are Organizations and five Colombian transparent and do not entail DEPARTMENT OF LABOR workers’ and civil society organizations unwarranted delays; and failed to provided a formal submission to OTLA ensure that final decisions in such Office of the Secretary alleging violations of Chapter 17 (the proceedings are made available without Labor Chapter) of the CTPA by the undue delay. United States-Colombia Trade Promotion Agreement; Notice of Government of Colombia (GOC). The OTLA’s decision to accept the Determination Regarding Review of submission alleges that the GOC has submission for review does not indicate Submission #2016–02 failed to effectively enforce its labor any determination as to the validity or laws through a sustained and recurring accuracy of the allegations contained in AGENCY: Bureau of International Labor course of action or inaction in a manner the submission. The objective of the Affairs, U.S. Department of Labor. that affects trade or investment; waived review will be to gather information so asabaliauskas on DSK3SPTVN1PROD with NOTICES ACTION: Notice. or otherwise derogated from its statutes that OTLA can better understand the or regulations in a manner affecting allegations contained in the submission SUMMARY: The Office of Trade and Labor trade or investment; failed to adopt and and publicly report on the issues raised Affairs (OTLA) gives notice that on July maintain in its statutes and regulations, therein in light of the GOC’s obligations 15, 2016, Submission #2016–02 and practices thereunder, the rights as under the Labor Chapter of the CTPA. regarding Colombia was accepted for stated in the International Labor As set out in the Procedural Guidelines review pursuant to Article 17.5.5 of the Organization Declaration on (published as 71 FR 76691, December United States-Colombia Trade Fundamental Principles and Rights at 21,2006), OTLA will complete the VerDate Sep<11>2014 17:52 Jul 15, 2016 Jkt 238001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1

46714 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices review and issue a public report to the 5. Whether the statements contained comply with its obligations under the Secretary of Labor within 180 days of in the submission or available Labor Chapter. The submitters provided this acceptance, unless circumstances, information demonstrate that information on specific cases of alleged as determined by OTLA, require an appropriate relief has been sought under labor violations and included citations extension of time. the domestic laws of the other Party, or to Colombian law and other relevant DATES: Effective July 15, 2016. that the matter or a related matter is legal instruments that they believe were pending before an international body; violated by the allegations in the FOR FURTHER INFORMATION CONTACT: and submission. The submitters provided Matthew Levin, Director, OTLA, U.S. 6. Whether the submission is information on efforts to seek Department of Labor, 200 Constitution substantially similar to a recent appropriate relief for these alleged Avenue NW., Room S–5303, submission and significant, new violations under domestic laws and to Washington, DC 20210. Telephone: information has been furnished that raise the issues with GOC officials and (202) 693–4900. (This is not a toll-free would substantially differentiate the with the ILO. The submission also notes number.) submission from the one previously that the issues raised in the submission SUPPLEMENTARY INFORMATION: Article filed. have not been remedied to date. OTLA 17.5 of the Labor Chapter of the CTPA U.S. Submission #2016–02 alleges has not received similar submissions establishes that each Party’s contact that the GOC has failed to effectively related to the CTPA obligations of the point shall provide for the submission, enforce its labor laws through a GOC. Accordingly, OTLA has accepted receipt, and consideration of sustained or recurring course of inaction the submission for review. communications (‘‘submissions’’) on or action in a manner that affects trade OTLA’s decision to accept the matters related to the Labor Chapter and or investment; waived or otherwise submission for review does not indicate each Party shall review those derogated from its statutes or any determination as to the validity or submissions in accordance with regulations in a manner affecting trade accuracy of the allegations contained in domestic procedures. A Federal or investment; failed to adopt and the submission. The objective of the Register notice issued on December 21, maintain in its statutes and regulations, review will be to gather information so 2006, informed the public that OTLA and practices thereunder, the rights as that OTLA can better understand the had been designated as the office to stated in the ILO Declaration; failed to allegations contained in the submission serve as the contact point for ensure the proceedings in its and to publicly report on the issues implementing the labor provisions of administrative, judicial, or labor raised therein. As set out in the United States free trade agreements. The tribunals are transparent and do not Procedural Guidelines, OTLA will same Federal Register notice informed entail unwarranted delays; and failed to complete the review and issue a public the public of the Procedural Guidelines ensure that final decisions from its report to the Secretary of Labor within that OTLA would follow for the receipt administrative, judicial, or labor 180 days of acceptance, unless and review of public submissions (71 tribunals are made available without circumstances, as determined by OTLA, FR 76691, December 21, 2006). These undue delay. The submission cites two require an extension of time. The public Procedural Guidelines are available at specific cases to support its allegations. In determining whether to accept the report will include a summary of the http://www.dol.gov/ilab/media/pdf/ review process, as well as any findings 2006021837.pdf. According to the submission, OTLA considered the statements in the submission in light of and recommendations. definitions contained in the Procedural the relevant factors identified in the Signed at Washington, DC, on July 12, Guidelines (Section B) a ‘‘submission’’ 2016. Procedural Guidelines. The submission is ‘‘a communication from the public raises issues relevant to the Labor Carol Pier, containing specific allegations, Chapter of the CTPA because it alleges Deputy Undersecretary for International accompanied by relevant supporting that GOC failed to effectively enforce its Affairs. information, that another Party has labor laws through a sustained or [FR Doc. 2016–16828 Filed 7–15–16; 8:45 am] failed to meet its commitments or recurring course of inaction or action in BILLING CODE 4510–28–P obligations arising under a labor a manner that affects trade or chapter’’ of a U.S. free trade agreement. investment; waived or otherwise The Procedural Guidelines specify derogated from its statutes or that OTLA shall consider six factors, to regulations in a manner affecting trade LEGAL SERVICES CORPORATION the extent that they are relevant, in or investment; failed to adopt and determining whether to accept a Sunshine Act Meeting: Board of maintain in its statutes and regulations, Directors and Its Six Committees submission for review: and practices thereunder, the rights as 1. Whether the submission raises stated in the ILO Declaration; failed to AGENCY: Legal Services Corporation. issues relevant to any matter arising ensure the proceedings in its ACTION: Change notice. under a labor chapter; administrative, judicial, or labor 2. Whether a review would further the tribunals are transparent and do not SUMMARY: On July 12, 2016, the Legal objectives of a labor chapter; entail unwarranted delays; and failed to Services Corporation (LSC) published a 3. Whether the submission clearly ensure that final decisions from its notice in the Federal Register (81 FR identifies the person filing the administrative, judicial, or labor 45177) titled ‘‘Board of Directors and its submission, is signed and dated, and is tribunals are made available without Six Committees will meet on July 17– asabaliauskas on DSK3SPTVN1PROD with NOTICES sufficiently specific to determine the undue delay. It also clearly identifies 19, 2016, EDT’’. The Governance and nature of the request and permit an the submitter and is sufficiently specific Performance Review Committee appropriate review; to determine the nature of the request scheduled to meet on July 18, 2016 at 4. Whether the statements contained and permit an appropriate review. The 4:00 p.m., EDT, has added another item in the submission, if substantiated, submission raises pertinent issues that to the agenda as line item #6; all other would constitute a failure of the other could further the objectives of the Labor items remain consecutively the same. Party to comply with its obligations or Chapter and that could, if substantiated, This document changes the notice by commitments under a labor chapter; constitute a failure of the GOC to revising the Governance and VerDate Sep<11>2014 17:52 Jul 15, 2016 Jkt 238001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1


Document Created: 2016-07-16 02:28:31
Document Modified: 2016-07-16 02:28:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesEffective July 15, 2016.
ContactMatthew 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 Citation81 FR 46713 
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