11th Request under USMCA’s Rapid Response Labor Mechanism Highlights Concerns of Workers’ Rights

The U.S.-Mexico-Canada Agreement’s (USMCA) Interagency Labor Committee for Monitoring and Enforcement has made an official request to the Mexican government to review allegations of labor rights denial at the San Martín mine in Zacatecas.

This action follows a petition filed by the American Federation of Labor-Congress of Industrial Organizations, United Steelworkers, and the Sindicato Nacional de Trabajadores Mineros, Metalúrgicos, Siderúrgicos y Similares de la República Mexicana (commonly known as Los Mineros), on May 15, 2023, under the USMCA Rapid Response Labor Mechanism. The petition accuses Grupo Mexico, the owner of the mine, of violating workers’ freedom of association and their right to collective bargaining. The Interagency Labor Committee, co-chaired by the U.S. Department of Labor and U.S. Trade Representative, is responsible for reviewing such petitions.

The allegations in the petition include the violation of Los Mineros’ rights as the holder of the collective bargaining agreement at the San Martín mine and the hiring of replacement workers during strikes, which is deemed a violation of both the collective bargaining agreement and Mexican law. The U.S. government investigation found evidence supporting the violation of Los Mineros’ collective bargaining rights, warranting the request for review under the USMCA.

Deputy Undersecretary for International Affairs, Thea Lee, emphasized the importance of respecting a union’s status as the exclusive collective bargaining representative and their right to strike, as these are fundamental elements of Mexico’s labor reform. She expressed the desire to resolve the matter in a way that protects the rights of workers and highlighted the partnership between the U.S. and Mexican governments.

Ambassador Katherine Tai acknowledged the recent use of the Rapid Response Labor Mechanism in the garment sector and emphasized its versatility in defending workers’ rights across industries. She noted that this mechanism complements Mexico’s labor reforms and expressed gratitude to stakeholders for promptly raising these concerns. Tai also expressed readiness to collaborate with the Mexican government to bring about meaningful change.

The invocation of the Rapid Response Labor Mechanism is based on sufficient and credible evidence supporting the denial of rights. Mexico’s government has a period of 10 days to decide whether to conduct a review and 45 days to investigate the claims and present its findings.

Under specific circumstances, the USMCA Rapid Response Labor Mechanism allows the U.S. to take enforcement action when an individual plant or mine in Mexico, exporting to the U.S., fails to comply with domestic freedom of association and collective bargaining laws.

The San Martín mine, owned by Industrial Minera México S.A. de C.V., a subsidiary of Grupo México’s Americas Mining Corp. branch, employs approximately 1,000 workers. Grupo Mexico, a multinational industrial conglomerate, has extensive holdings in mining, foundries, transportation, and infrastructure.

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