07/15/2024 | Press release | Distributed by Public on 07/15/2024 14:56
WASHINGTON - The United States and Mexico today announced the successful resolution of the first USMCA facility-specific Rapid Response Labor Mechanism (RRM) matter in the food manufacturing sector, regarding the RV Fresh Foods facility in the state of Michoacán, where workers were previously denied their freedom of association and collective bargaining rights. In April 2024, the United States and Mexico agreed on a holistic plan to address labor violations at the facility. That plan has now been implemented and workers' rights restored. As a result, USTR has directed the Secretary of the Treasury to resume liquidation of unliquidated entries of goods from the facility.
"Today's resolution is yet another example of the RRM's significant contribution toward upholding workers' rights and securing remedies for workers when their rights are violated," said Ambassador Katherine Tai. "We commend the Government of Mexico for their efforts to address the denials of rights that occurred. We consider the actions taken to fulfill this course of remediation a way forward for workers at the facility to be able to fully exercise their freedom of association and collective bargaining rights."
"The U.S. and Mexican governments have again collaborated to establish a robust remediation plan to ensure that workers can exercise their rights to freedom of association and collective bargaining," said Deputy Undersecretary for International Labor Affairs Thea Lee. "This collaboration under the USMCA's Rapid Response Labor Mechanism has empowered workers at RV Fresh with vital information about their workplace rights and the company has made its neutrality stance clear and developed comprehensive guidelines and training materials. These efforts underscore the company's commitment to fostering an equitable working environment for its employees."
Actions taken by the facility to address the matter include: <_o3a_p>
Actions taken by the union to address the matter include: <_o3a_p>
Actions taken by the Government of Mexico to address the matter include: <_o3a_p>
Background
On January 17, 2024, the United States Trade Representative and the Secretary of Labor, who co-chair the Interagency Labor Committee for Monitoring and Enforcement (ILC), received an RRM petition from the Sindicato Nacional de Trabajadores y Empleados de la Industria del Comercio, Alimenticia, Textil, Automotriz, Metalúrgica, Servicios y Distribución Generalísimo José María Morelos y Pavón, a Mexican union, and the Confederación Central Nacional (COCENA), a Mexican union confederation. The petition alleged RV Fresh Foods committed acts of employer interference in union activities, including by restricting the union's access to the facility and intervening in the process of electing union delegates.
The ILC determined that there was sufficient, credible evidence of a denial of rights enabling the good faith invocation of enforcement mechanisms. As a result, on February 16, 2024, the United States Trade Representative submitted a request to Mexico that Mexico conduct its own review. Mexico agreed, and on April 1, 2024, concluded there were ongoing denials of the right to freedom of association and collective bargaining at the facility. On April 19, 2024, the United States and Mexico agreed on a course of remediation to remediate the denials of rights.
Read the full course of remediation here.
Read an unofficial courtesy Spanish translation of the full course of remediation 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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