801901 Yun, Youngduk2nd presentation, 2008-03-27

Contents Labor Laws and Institutes

Under International Labor Rights Law and Treaties Constitutional and Legal Protections Organizations

Different Kinds of Labor Unions Official Unions New trends in union control Independent unions Unions and litigation

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Under International Labor Rights Law and TreatiesConstitutional and Legal ProtectionsOrganizations

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Source: “MEXICO- THE NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA): EFFECTS ON HUMAN RIGHTS (Violations of Labour Rights_”, FIDH, April 2006

Under the InternationalLabor Rights Law ICESCR(International Covenant on Economic Social

and Cultural Rights) – in 1981 Article 8 : the right to form and join trade unions and

the obligations to prevent interference. ILO(International Labor Organizations)

Convention 87 – to the Declaration on Fundamental Principles and Rights at Work

Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy

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Under the Inter-American Treaties Article 7 of the Protocol of San Salvador NAALC (NA Agreement on Labor Cooperation) – in

1993. with NAFTA American Convention on Human Rights

Article 26: the implementation of economic, social and cultural rights

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Mexico is obligated to prevent the violations of trade union rights and to react appropriately, through

investigation, sanctions and reparations when those rights are violated.

Constitutional and Legal Protections The 1917 Mexican Constitution – Article 123

One of the most progressive if its time Federal Labor Law (Ley Federal del Trabajo) The Law of Public Service Workers (Ley de los Trabajores al Servicio del Estado) The Labor laws reform by Fox Adm. (Abascal

Project) To weaken labor law protections. Sued by Labor Orgs in America

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Organisms to protect labor rights in Mexico National and State Commissions to protect human

rights The Arbitration and Reconciliation Tribunals

CTM / FROC or “sindicativo blanco”, tends to be on the interest of the biz

States wants the firms remain in the region – try to protect business first Lack of public lawyers

The Courts

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Official UnionsIndependent UnionsSindicativos BlacosLabor Unions, at the center of labor rights

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Source: “MEXICO- THE NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA): EFFECTS ON HUMAN RIGHTS (Violations of Labour Rights_”, FIDH, April 2006

Official Unions - CTMThe Largest Confederation of Labor Unions in MexicoOver 11,000 unions with more than 5 mill union

members One of the essential pillars of the PRI Lost influence within the PRI in the late 1980s, as

technocrats held power in the party. Also in the workplace, agreeable to employers to

increase productivity, than to workers Corruption and Scandal often serving to impede

workers' efforts to organize independent unions

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Official Unions - CTM Fox, former president,

continued to work with the conservative leadership of the CTM after taking office in 2000.

Some CTM leaders have also supported Abascal's proposals for labor law reform

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Official Unions - FROC-CROC 3rd largest labor organization within the CT,

established in 1952 In the 1990s, the CROC had an estimated

membership of 600,000 workers Other main official union that dominates

workplaces, and in maquilas. Less prevalent than the CTM, but a significant

presence in factories and other workplaces and, like the CTM, fails to protect worker's rights in any meaningful way

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Sindicatos Blancos

Then, "negotiate” the conditions with that union to create a collective bargaining agreement prior to hiring workers. The union exist only on

paper, without leaders and even workers don’t know the existence

Advs. to the company Enable the firm to exert

total control over the union and the contract

Can behave as if they’ve met int’l working rights

Prevent independent unions from entering the work

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Rather than affiliate with Official Unions, many firms are choosing to create their own unions

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Independent Unions Independent unions do exist in Mexico, particularly

for public employees and utility workers. The most prominent independent union is the FAT

(Frente Auténtico del Trabajo). App. 40,000 members nationwide, with the goal of

increasing membership and providing a viable alternative to official unions in the workplace.

Work closely with unions in the foreign unions. But solidarity by Gov. and biz. between them will

likely impede the growth of it14

Barriers to Independent Unions Legal Regulations

Burdensome process and complicated documents Danger of the workers to be kicked off Collusion of Official unions and the Companies “Golpeadores” – armed men

These men intimidate workers prior to the vote and, if the vote goes forward, will assault workers hostile to corporate interests

Foreign Investors who want more flexible labor

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Source: “MEXICO- THE NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA): EFFECTS ON HUMAN RIGHTS (Violations of Labour Rights_”, FIDH, April 2006

Summary Main difficulty to protect labor is the lack of

effectiveness of the union structure While there is a independent union movement,

official or virtually non-existent unions, known as ‘sindicatos blancos’, control many unionized workplaces.

Existing laws allow for a single union to hold a monopoly at any workplace, and changing from the existing union to another union requires a process with burdensome and sometimes, significant physical danger for proponents of the change.

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Next Agenda 溫故之新

– Finding new Roles based on Pasts Historical Approach

Background or the Reason of the current labor union system

Expected Roles for the Future

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Thanks[References]

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1. “Revisiting NAFTA: Still not working for North America’s workers”, by Robert E. Scott, Carlos Salas, and Bruce Campbell. September 28, 2006:

3. “MEXICO- THE NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA): EFFECTS ON HUMAN RIGHTS (Violations of Labour Rights_”, FIDH, April 2006

2. Mexico Labor Report: First Half of 2007, Institute for Labor Studies / Instituto de Estudios del Trabajo , September 2007

4. http://www.newscham.net/news/view.php?board=news&nid=36674

5.http://www.photius.com/countries/mexico/government/mexico_government_organized_labor.html