Overview
US and Mexican labor unions and, separately, the US Government, have filed the first labor cases under the Rapid Response Mechanism (“RRM”) of the United States-Mexico-Canada Agreement (“USMCA”). The RRM was a relatively late addition to the USMCA – the result of negotiations between the Trump Administration and House Democrats – and provides for facility-specific review by an independent panel, and remedies, in response to allegations of a “denial of rights” of free association and collective bargaining. The USMCA is currently the only US free trade agreement to include a mechanism to address alleged labor rights violations at specific facilities in the territories of the Parties.
On May 10, 2021, the American Federation of Labor and Congress of Industrial Organizations (“AFL-CIO”), Service Employees International Union (“SEIU”), Sindicato Nacional Independiente de Trabajadores de Industrias y de Servicios Movimiento 20/32 (“SNITIS”), and Public Citizen announced that they filed the first labor case under the RRM. The petition alleges that auto parts manufacturer Tridonex, a subsidiary of Philadelphia-based Cardone Industries, has engaged in the following labor violations, including with respect to the current SITPME union that is active as the Tridonex facility:
- “Tridonex has denied its workers the opportunity to read or obtain copies of the collective bargaining agreement with SITPME. Tridonex has failed to deposit its CBAs with the Federal Conciliation and Arbitration Board, as required by the Mexican Constitution.”
- “Tridonex and the SITPME union, acting as an agent of Tridonex, have jointly denied the Tridonex workers the opportunity to ratify their CBA, in violation of Art. 400 Bis of the Federal Labor Law.”
- “Tridonex and SITPME, acting as an agent of Tridonex, have jointly denied members of SITPME at Tridonex the right to elect their union leaders by personal, free, direct and secret vote, in violation of Art. 358.II of the Federal Labor Law.”
- “SITPME, acting as an agent of Tridonex, has failed to provide its members with legally-required financial information reports under Art. 373 and Art. 358.IV of the Federal Labor Law.”
- “Tridonex retaliated against workers who signed petitions to the Local CAB by firing more than 600 workers and compelling them to sign “voluntary” resignations in order to receive severance pay, in violation of Article 47 of the Federal Labor Law, and by denying other workers benefits agreed on through the CBA, in violation of Article 396 of the Federal Labor Law.”
- “By refusing to act on the demand for control of the CBA filed by SNITIS, the Government of Tamaulipas, acting as an agent of Tridonex, denied Tridonex workers the right to a personal, free, and secret vote to choose their union representative, as guaranteed by Art. 389 of the Federal Labor Law.”
- “The Government of Tamaulipas, acting as an agent of Tridonex, has subjected SNITIS leader and attorney Susana Prieto Terrazas to criminal charges, arrest, detention, and punitive conditional release terms in retaliation for her advocacy of the rights of workers at Tridonex and other companies in the State of Tamaulipas. As a result, she has been barred from entering the state of Tamaulipas or having any contact with the Labor Board office in Matamoros, and internally exiled to Chihuahua where the state government has issued criminal charges against her in relation to her union activities. These actions, taken in reprisal for the workers’ demand for democratic representation, have a chilling effect on workers’ freedom of association.”