[Excerpt] Submission No. 9702 raises issues of freedom of association and safety and health at a truck chassis welding/assembly facility in Tijuana, Baja California, Mexico, owned by Han Young de Mexico, S.A. de C.V. (hereinafter Han Young). Han Young assembles chassis for Hyundai Precision America, a subsidiary of Hyundai Corporation of Korea. The submitters argue that Mexico is in violation of NAALC Article 5(4) in failing to ensure that its labor tribunal proceedings are impartial and independent; Article 5(1) in failing to ensure that such proceedings are fair, equitable and transparent; Article 5(1)(d) in failing to ensure that such proceedings are not unnecessarily complicated and do not entail unwarranted delays; Article 5(2)(b) in failing to ensure that final decisions in labor proceedings are made available without undue delay; and Article 3(1)(g) in failing to enforce its labor laws protecting workers' rights and safety and health through appropriate actions. The submitters assert that Mexico has failed to enforce its Federal Labor law which protects freedom of association as well as the safety and health of workers; the Mexican Constitution which protects freedom of association; and ILO Convention 87 on freedom of association, which Mexico has ratified, and ILO Convention 98 on the right to organize and bargain collectively, which, according to the submitters, is binding on Mexico as a member of the ILO.
The submitters also raised the issue of compliance by Mexico with its labor laws on wages, payment of wages, seniority, perjury,(2) and profit sharing. However, the information provided by the submitters on these matters did not sufficiently establish that violations of Mexican law may have taken place and did not provide sufficient information to enable the NAO to adequately review these matters. Further, the submitters did not establish that these issues may have involved the failure to enforce its laws on the part of the Government of Mexico. Therefore, these matters are not addressed in this report.