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Congressmen Object to Changes in Mexican Labor Laws
WASHINGTON The Mahoning Valley's two congressmen have asked Elaine Chao, the U.S. secretary of labor, to review proposed changes to Mexico's labor laws. U.S. Rep. Ted Strickland, D-Ohio 6, and U.S. Rep. Tim Ryan, D-Ohio 17, joined 34 other members of the House of Representatives in yesterday sending Chao a letter that states the changes would weaken labor standards Mexico and it even harder for US workers to compete with Mexican workers."American workers and companies are already under siege from weak labor laws and standards in countries like China and Mexico," said Strickland, a member of the House Manufacturing Caucus."The proposed changes to Mexican labor laws would widen the gulf in worker protections between the United States and Mexico, and put U.S. workers at a further disadvantage with their competitors down south."The legislation to be considered by the Mexican government is a sweeping reform project, conceived by the Mexican Labor Minister, Carlos Abascal Carranza. The Abascal Project, as it is commonly known, rolls back existing laws protecting core labor rights such as the right of freedom of association, the right to organize and bargain collectively and to strike, and fails to address many of the existing problems in Mexican law, Strickland said. The Abascal Project also creates new labor "flexibilities" that will substantially eliminate overtime pay and weaken employment security.The letter calls attention to the contradictions between the efforts of the Fox Administration to seek increased worker protections in the US for illegal Mexican immigrants, while actively trying to decrease worker protections at home.In a news release, Strickland said he was angered by the continued pattern of broken promises related to NAFTA. "NAFTA was supposed to raise the standard of living in Mexico and lead to a level playing field by gradually bringing Mexico's worker standards closer to ours," the congressman pointed out."However, by undercutting these goals and slashing worker rights, Mexico is moving further away from its promises to its workers, and to the United States of America. The US cannot stand for this."Here is the full text of the letter to Secretary of Labor Chao: We write to you to express our deep concern about the Fox Administration's efforts to pass a sweeping labor law reform package that will substantially weaken basic labor and employment protections for all workers in Mexico. The Abascal Project, as it is commonly known, will roll back laws protecting the right to freedom of association, to organize and bargain collectively and to strike.It will also create new labor "flexibilities" that will substantially eliminate overtime pay and weaken employment security.Moreover, the Abascal Project fails to correct many of the existing problems in law and in practice, previously criticized by the U.S. and Canadian National Administrative Offices (NAOs), the International Labor Organization, and the U.N. High Commission on Human Rights.On Feb. 17, 2005, over 20 U.S., Mexican, and Canadian labor organizations, filed a comprehensive, 20-page petition with the U.S. (NAO) alleging that the Abascal Project violates the North American Agreement on Labor Cooperation (NAALC. As you know, the NAALC obligates all parties to "ensure that its labor laws and regulations provide for high labor standards, consistent with high quality and productivity workplaces, and [that it] shall continue to strive to improve those standards in that light."The Abascal Project will significantly worsen those standards, not improve them. Indeed, the former director of labor law and economic research for the Secretariat of the Commission for Labor Cooperation, established under the NAALC, recently summarized the principal objections to the Abascal Project as such:"The proposal would tighten government control of union formation and collective bargaining while granting employers new unilateral powers to sidetrack unions...The Abascal proposal would do nothing to increase transparency in union affairs [and] rejects independent unions' long-standing demand to list local unions and collective bargaining agreements in a public registry available to all citizens ...The Abascal proposal would also create enormous obstacles to workers' right to organize."Mexico simply cannot be allowed to repeal those laws that protect workers and replace them with laws that plainly violate the terms of the NAALC, ILO Conventions and the Mexican Constitution.Inaction would no-doubt signal the death knell of the NAALC and would send a strong message to other countries that the labor clauses they are negotiating in U.S. bilateral trade agreements will simply not be enforced.We also wish to point out the contradiction posed by the fact that the Fox Administration is urging that the U.S. Congress approve temporary guest worker legislation extending employment rights to Mexican citizens in the U.S. at the same time it is seeking to curtail rights for Mexican workers in Mexico.All workers have internationally recognized labor rights no matter where they work.We should let Mexican President Vicente Fox know that the rights of Mexican workers should be respected on both sides of the border.As the Abascal Project may be submitted to the legislature for a vote at any time, we urge you, under the authority granted to you under Section G (1) of the current submission procedures, to immediately accept the petition and to initiate a review of Mexico's labor law reforms. We also urge you to contact Minister of Labor Carlos Abascal as soon as possible to discuss the numerous, serious issues raised in the petition.Thank you for your prompt attention to our concerns. "