Mexico City — The US government has requested the establishment of the first rapid response labor mechanism panel under the US-Mexico-Canada free trade agreement (USMCA) concerning a mine operated by Grupo México in Sombrerete, Zacatecas, owned by businessman German Larrea.
The US request comes nearly a month after the Mexican government deemed the matter to be outside the scope of the USMCA.
US Trade Representative Katherine Tai announced in a statement Tuesday that the United States requested, for the first time, a rapid response labor mechanism panel for an alleged denial of workers’ rights at the San Martin mine, owned by Grupo Mexico, which was denounced by the mining union headed by Napoleon Gomez Urrutia, who is also a senator of the ruling Morena party.
Tuesday’s announcement follows a request that the US sent to Mexico on June 16 asking the government of President Andrés Manuel López Obrador to review whether workers at the San Martin mine are being denied the right to freedom of association and collective bargaining.
On August 1, Mexico’s labor and economy ministries responded to the US that this dispute dates back to July 2007, when the miners’ union called a strike at the mine. The San Martin mine is a lead, zinc and copper mine owned and operated by the conglomerate Grupo México, which, according to the Mexican government, does not export minerals to the US and does therefore not come under the jurisdiction of the USMCA.
The two Mexican ministries informed the US that after 16 years of litigation, on June 14, 2023, the Federal Conciliation and Arbitration Board (JFCA) resolved the trial of imputability of the strike, rendering an award in favor of the miners’ union, and which recognized the Union as the holder of the collective bargaining agreement and declared Grupo Mexico responsible for causing the strike, ruling that it should pay wages and benefits owed and terminate the strike.
The US government disagreed with this determination of the Mexican authorities and requested the establishment of a panel to review the situation.
“This announcement upholds the Biden-Harris Administration’s commitment to creating a more level playing field for workers to feel empowered and using every enforcement tool at our disposal to safeguard workers’ rights,” Katherine Tai said in a statement. “The RRM has proved to be a critical instrument for defending the free exercise of freedom of association and collective bargaining rights. While we are always open to collaborating with Mexico to find a resolution, our priority is delivering meaningful outcomes for workers.”
“Today’s action reflects our commitment to seek remedies for workers using all the tools the U.S.-Mexico-Canada Agreement provides,” said Deputy Undersecretary for International Labor Affairs Thea Lee.
“We look forward to working closely with the Mexican government to resolve this complex matter and to reinforce our shared interest in protecting workers’ rights, such as freedom of association and the right to strike,” she added.
The petition of the miners’ union was joined by the largest US labor federation, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) and the United Steelworkers (USW).
Gómez Urrutia’s union alleges that Grupo Mexico has resumed operations at the San Martin mine despite an ongoing strike and has engaged in collective bargaining with a coalition of workers despite the fact that his union has the right to represent workers for collective bargaining purposes.