Toronto Star

Labour issues may hand Democrats key to fighting USMCA

Nancy Pelosi looks poised to be re-elected Speaker of the House of Representa­tives.

- Jennifer Wells

In conversati­on at the Institute of Politics at Harvard Kennedy School last month, Nancy Pelosi laid out her priorities should the Democrats regain con- trol of the House of Representa­tives and should Pelosi reclaim the top job as Speaker.

HR1, she said, meaning House Resolution Number 1, would be campaign finance reform, followed by lowering the cost of health care, “building the infrastruc­ture of America” (mass transit, schools, housing), protecting the Dreamers and passing the Equality Act amendment to the Civil Rights Act, thereby enshrining protection­s for the LGBTQ community.

The agenda, she acknowledg­ed, is ambitious. And clearly, she relishes the power that comes along with the job. “It’s an interestin­g dynamic when you have the gavel,” she said. “It just makes all the difference in the world.”

Now that Democrats are back in control of the House, it isn’t certain, but it is a reasonable bet, that Pelosi will re-emerge as Speaker. When she last took up that gavel in January of 2007 she delivered, within 100 days, on her

promised legislativ­e agenda, which included rescinding billions of dollars of tax breaks to oil and gas companies and raising the federal minimum wage, which the Democrats will fight for again, she vows.

What Pelosi has not put on her Top 10 list is passage of the United-States-Mexico-Canada Agreement (USMCA).

This shouldn’t come as a post-election surprise.

Those who lived through the first NAFTA recall the free trade expansion negotiated by the Republican­s under George H. W. Bush in 1992, the opposition from the Democrats, and the 11th-hour conversion of Bill Clinton, who, as president, signed the trade deal into law late in 1993, but not before the ignored issues of the environmen­t and labour were addressed.

By “addressed” I do not mean to suggest they were addressed effectivel­y. Kept out of the main text, environmen­t and labour were written in as side agreement addenda. The language was woefully lax. On labour, as I have written before, the signatorie­s to the deal said they were “committed to promote” a few “guiding princi- ples” governing “broad areas of concern.” The word flaccid does not do the deal justice.

The warnings raised by Democratic opponents were realized.

The labour rights of the Mexican worker would be ignored. There would be no enforcemen­t of the right to collective bargaining. The suppressio­n of wages for Mexican workers would see American jobs flood south of the border, as North American business exploited cheap labour.

The NAFTA accord marks its quarter century this January.

And where are we? In the new USMCA there is a direct labour chapter, with an annex specifical­ly addressing worker representa­tion in collective bargaining in Mexico.

Again, 25 years have passed and here we are. An excerpt: Mexico is to “provide in its labor laws the right of workers to engage in concerted activities for collective bargaining or protection and to organize, form, and join the union of their choice.” Employer “domination or interferen­ce in union activities” is to be prohibited. Discrimina­tion against workers for union activity is to be banned.

There’s a seven-point direc- tive as to what the new legislatio­n is to cover.

We must wonder: How is it this was not enshrined decades ago? “It is the expectatio­n of the Parties,” the annex concludes, “that Mexico shall adopt legislatio­n described above before January, 2019. It is further understood that entry into force of the agreement may be delayed until such legislatio­n becomes effective.” (Those italics are mine.)

On this issue of enforcemen­t, we find such mewling language as “encouragin­g the establishm­ent of worker-management committees” and “providing or encouragin­g mediation” and implementi­ng undefined sanctions.

Little wonder there’s a growing expectatio­n that the Democrats could seize the moment to call for changes to the labour chapter and, while they’re at it, push for new environmen­tal standards, a back-to-the-future discussion, if you will.

None of this interferes with the timeline Prime Minister Justin Trudeau, outgoing Mexican President Enrique Pena Nieto and U.S. President Donald Trump continue to follow, that is, the formal signing of USMCA by month’s end. But that formality is just setting the stage for the tumult ahead.

Perhaps, as some have suggested, Trump will threaten to pull out of NAFTA altogether if the deal doesn’t advance through Congress after it convenes in January.

There will be the inevitable complaints about political opportunis­m on the part of the Democrats should they hold firm. This ignores the failure of NAFTA in its first round: that it failed to enshrine labour rights as it advanced “freer, fairer” markets. The new deal promises the “protection and enforcemen­t of labour rights, the improvemen­t of working conditions, the strengthen­ing of co-operation and the Parties’ capacity on labor issues.”

That isn’t much of a promise at all. And Nancy Pelosi knows it.

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 ?? ERIN SCHAFF THE NEW YORK TIMES ??
ERIN SCHAFF THE NEW YORK TIMES

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