To comply with what was established in Annex 23-A in its 2nd numeral, subsections e) and f) of the Treaty between Mexico, the United States and Canada (T-MEC) that Mexico will adopt in its legislation that an independent authority ( Federal Center for Conciliation and Labor Registration —CFCRL—) verifies that the Collective Bargaining Agreements (CCT) and their modifications (salary reviews and working conditions) comply with the legal requirements related to the majority support of the employees covered by said legal instrument through a direct query.
That is why now when this document is signed between the employer and the union, it is necessary that the workers also participate in the negotiation, for which the mechanism to be followed was recently regulated.
On August 17th, the Federal Center for Conciliation and Labor Registration (CFCRL), published in the Official Gazette of the Federation (DOF) the "Extract of the Agreement approving the General Guidelines for Trade Union Democracy Procedures", which homologate action criteria so that unions, companies and the Federal Labor Center itself have certainty in the organization, substantiation and verification of union consultations.
It is not about new rules and burdens, but about a guiding tool that combines the norms and requirements so that the actors that intervene in a union election organize, participate and monitor the procedures of union democracy before, during and after a consultation, he said. Luisa María mayor, head of the Ministry of Labor and Social Welfare.
Leading the work of the Third Ordinary Meeting of the Governing Board of the CFCRL, the person responsible for labor policy, explained that the Guidelines indicate the formalities that unions must comply with before the authority and before their own affiliates when organizing a consultation, as well such as the conditions that the polling places must meet so that the workers can participate freely, secretly and safely.
Also, he added, they point out the facilities that employers can provide so that the consultations are carried out properly, without their participation resulting in an undue intervention.
She also highlighted the proactive and leading role of the Federal Center's verifiers to guarantee clean and safe elections, since they not only limit their actions to mere observation during the vote, but can go to the company beforehand to verify that the conditions of the consultation are optimal, conduct interviews with workers, disseminate information about their rights and take measures to prevent and address possible violations of the rights to freedom of association and collective bargaining.
Certainty and transparency are also provided to democratic processes through rules for the participation of union electoral observers in consultations, as well as resources so that workers can complain to the authority in the event of irregularities in an election.
In the same session, the agreement was approved so that, within the framework of the third stage of the implementation of the Labor Justice reform, the State Offices of the CFCRL be installed in the states of Chihuahua, Mexico City, Coahuila, Jalisco , Michoacán, Nayarit, Nuevo León, Sinaloa, Sonora, Tamaulipas and Yucatán, as well as the State Support Offices to address and resolve matters within its competence.
It should be noted that the term for the legitimization of collective labor contracts expires on May 1st, 2023, to see the complete document of general guidelines for the union democracy procedure, you can consult the following link:
https://centrolaboral.gob.mx/CFCRL/ldemocracia_sindical.pdf
www.dof.gob.mx/2022/CFCRL/ldemocracia_sindical.pdf
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