US files second labor complaint after Mexico refuses to act on union-busting

MEXICO CITY — The United States said Tuesday it has filed a labor complaint after Mexico refused to act on alleged union-busting by a Mexican company.

The U.S. Trade Representatives Office said it has filed a request for a dispute settlement panel under the U.S.-MexicoCanada free trade agreement, known as the USMCA.

The trade pact established rapid-resolution mechanisms to guarantee unions the right to organize in Mexico. For decades, wages in Mexico have been held very low because unions were not allowed to organize freely.

Over the last two years, in the face of about 22 requests by the United States, Mexico has usually agreed to press companies to comply. But in January, Mexico refused to act in the case of a call center that allegedly threatened or fired union organizers.

It is only the second time the United States has filed such a complaint. The first complaint was filed in August. Interestingly, it is only in the last six months that Mexico has started refusing the requests.

In the case of the call center, the Mexican Telephone Workers Union claimed the company, Atento Servicios, had threatened and fired employees who were trying to organize a new union.

Mexican authorities acknowledged that abuses had taken place at the call center in the central state of Hidalgo, but they claimed the company had taken sufficient corrective measures. The USTR said it did not agree with that assessment.

The panel of experts would have about six months to decide who is right on the issue.

In many cases in Mexico, old-guard, pro-company unions negotiated “paper” contracts behind the backs of workers. So the fight is to get a new, more democratic union into workplaces.

In August, the USTR requested a dispute resolution panel to decide the case of the San Martín mine in the northern state of Zacatecas. The mine, which produces zinc, lead, copper and silver, has been in a long dispute between two unions that claim to represent its workers.

Mexico said that the dispute should be resolved only by Mexican courts, because it dates from 2007 and thus predates USMCA, which went into effect in 2020.

Mexico changed its labor laws between 2012 and 2017, in part to get approval for entry into the USMCA. The new laws require secret-ballot votes on union contracts.