Office of the United States Trade Representative

09/16/2024 | Press release | Distributed by Public on 09/16/2024 14:34

United States Seeks Mexico's Review of Denial of Workers’ Rights at Bader de Mexico S. en C. por A. de C.V.

For the tenth time in 2024, and twenty-eighth time overall, the United States has sought Mexico's review under the USMCA's Rapid Response Labor Mechanism.

WASHINGTON - United States Trade Representative Katherine Tai announced today that the United States has asked Mexico to review whether workers at the Bader de Mexico facility in the city of Leon in the state of Guanajuato, Mexico, are being denied the right to freedom of association and collective bargaining. The United States has suspended liquidation on unliquidated entries of goods from the facility, which specializes in manufacturing premium leather for the automotive industry. The request, which was made in response to a petition, marks the twenty-eighth time the United States has formally invoked the Rapid Response Labor Mechanism (RRM) in the United States-Mexico-Canada Agreement (USMCA).

"By initiating the Rapid Response Mechanism, we are standing firm in supporting workers' rights to join the union of their choice and participate in union activities without facing dismissal, retaliation, or discrimination," said Ambassador Katherine Tai. "We are eager to continue working closely with the Government of Mexico to address the ongoing denials of rights at this facility."

"We are deeply concerned by the reports of anti-union actions at the Bader facility. Such conduct is unacceptable and erodes workers' fundamental rights to freedom of association and collective bargaining," said Deputy Undersecretary for International Labor Affairs Thea Lee. "The USMCA Rapid Response Mechanism and Mexico's labor law reforms are designed to address these kinds of violations. We look forward to working closely with the Mexican government to resolve these issues and to reinforce the high labor standards committed to under the USMCA."

Background

The United States Trade Representative and the Secretary of Labor co-chair the Interagency Labor Committee for Monitoring and Enforcement (ILC). On August 15, 2024 the ILC received an RRM petition from a dismissed worker associated with the Sindicato Industrial de Trabajadores y Empleados del Calzado y Comercio del Estado de Guanajuato (SITECCC-CAT). The petition alleged that Bader de Mexico is violating workers' rights to freedom of association and collective bargaining, including by creating a company-controlled labor committee and dismissing workers for their union activity. The petition also alleged that the firings and other coercive actions, including harassment, surveillance, and intimidation of workers, constitute a Denial of Rights at the facility. The ILC reviews RRM petitions that it receives and the accompanying information, within 30 days.

The ILC reviewed the petition and relevant information and determined that there is sufficient, credible evidence of a denial of rights enabling the good faith invocation of the USMCA Rapid Response Mechanism. As a result, the United States Trade Representative has submitted a request to Mexico that Mexico review whether workers at Bader de Mexico are being denied the right to freedom of association and collective bargaining. Mexico has 10 days to agree to conduct a review and, if it agrees, 45 days from today to complete the review.

A copy of the request for review can be found here.

A copy of the letter to the Secretary of the Treasury can be found here.

Information about previous requests can be found here.

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