Background and Relevance of the Case
The United States government has filed a labor complaint against Modern Metal Alloys, S.A. de C.V. (MMA), an aluminum parts manufacturer located in Querétaro, Mexico. This action is taken under the United States-Mexico-Canada Agreement (USMCA) mechanism to prompt a thorough investigation by the Mexican government regarding violations of workers’ rights.
Eduardo Castillo, Secretary General of Transformación Sindical in Querétaro, believes this complaint will set a precedent to halt the practices of the Confederation of Mexican Workers (CATEM), led nationally by Pedro Haces. Castillo claims that CATEM, in collusion with companies, imposes its influence on workers for new collective bargaining agreements.
Evidence and USMCA Mechanism
According to the U.S. Commercial Representative Office, there is evidence demonstrating that MMA has denied workers their rights to freedom of association and collective bargaining. This led to the invocation of the USMCA’s Rapid Response Labor Mechanism (RRLM), which requires Mexico to respond within 10 days.
This is the 33rd case presented between the U.S. and Mexican governments, highlighting persistent practices in the automotive parts sector that undermine the USMCA agreement.
Details of the Complaint
The labor rights complaint was filed with the U.S. Department of Labor on March 17th, alleging that MMA has violated workers’ rights by:
- Refusing to recognize the legitimacy of Transformación Sindical, which holds the representation certificate;
- Refusing to sign a collective bargaining agreement;
- Denying Transformación Sindical access to facilities;
- Harassing and taking retaliatory actions against workers due to their union activities, including dismissals;
- Promoting and pressuring workers to join a pro-company union.
Following a review, the U.S. Trade Representative requested Mexico to investigate whether MMA workers’ rights to freedom of association and collective bargaining are being denied. Mexico has 10 days to accept the review, and if agreed, 45 days to complete it.
Transformación Sindical’s Efforts
Eduardo Castillo highlighted that Transformación Sindical has invoked the RRLM three times and is leading a transformation process in Querétaro. This serves as an example for workers to choose their desired union affiliation freely, without coercion from unions like CATEM.
Key Questions and Answers
- What is the purpose of the US labor complaint against MMA? The U.S. government aims to investigate alleged violations of workers’ rights by MMA, including freedom of association and collective bargaining.
- Who is involved in this case? The U.S. government, Mexican government, Modern Metal Alloys (MMA), and Transformación Sindical are all involved.
- What is the significance of this complaint for Mexican workers? This case could set a precedent to halt CATEM’s practices of imposing its influence on workers and promote genuine freedom of association.
- What is the USMCA and RRLM? The USMCA is a trade agreement between the U.S., Mexico, and Canada. The RRLM is a mechanism under USMCA that allows for rapid investigation of labor rights violations.
