Background and Relevance
The case revolves around the call center Atento Servicios, located in Mexico, and allegations of labor rights violations by the company. The United States-Mexico-Canada Agreement (T-MEC) includes a Rapid Response Mechanism (RRM), which aims to ensure the proper application of labor rights. This is the first successful labor case under this mechanism, highlighting its significance in upholding fair trade practices.
Case Details and Findings
The labor panel, under the RRM, ruled in favor of the United States government, which initiated the complaint on behalf of Atento Servicios workers. The panel concluded that there was a “denial of rights” at the call center, evidencing unlawful interference and anti-union discrimination by the company.
- The panel found that Atento created a climate of fear through multiple interventions over several months and discriminated against the leadership of the Sindicato de Telefonistas de la República Mexicana (STRM), leading to the “decapitation of the coalition,” deemed a serious violation.
- The panel determined that Mexico’s measures were insufficient to rectify the denial of rights due to the gravity, duration, and structural nature of the situation. Mexico’s actions failed to alter the labor climate.
U.S. Representative’s Statement
Ambassador Greer, the U.S. Trade Representative, emphasized that the decision underscores the U.S. commitment to ensuring proper labor rights implementation under the T-MEC, thereby guaranteeing equal working conditions.
He further stated that the U.S. will continue using this mechanism to protect American companies and workers and promote fair trade.
Case Initiation and Progression
The case began on November 28, 2023, when the STRM filed a petition with the RRM, alleging that Atento workers’ rights to freedom of association and collective bargaining were being denied due to company interference, including dismissals, threats, and coercion to withdraw support from the STRM.
Although Mexico acknowledged a denial of rights, it believed Atento had taken necessary steps to rectify the situation. The U.S., however, disagreed and requested the establishment of a panel on April 16, 2024, to verify labor law compliance and determine if workers’ rights were being denied.
The panel conducted a verification from May 12-14, 2025, and held hearings in Mexico City from May 15-16, 2025. The panel’s written determination, announced to the parties on August 21, 2025, is final.
Key Questions and Answers
- What is the United States-Mexico-Canada Agreement (T-MEC)? The T-MEC is a trade agreement among the United States, Mexico, and Canada that aims to promote fair labor practices, including the Rapid Response Mechanism (RRM) to address labor rights violations.
- What is the Rapid Response Mechanism (RRM)? The RRM is a component of the T-MEC designed to ensure prompt and effective resolution of labor rights cases.
- Who initiated the complaint against Atento Servicios? The complaint was initially filed by the Sindicato de Telefonistas de la República Mexicana (STRM) with the RRM.
- What were the allegations against Atento Servicios? The STRM alleged that Atento denied workers’ rights to freedom of association and collective bargaining through unlawful interference, including dismissals, threats, and coercion.
- What was the panel’s decision? The labor panel ruled in favor of the United States, finding a denial of rights at Atento Servicios due to unlawful interference and anti-union discrimination.
