The labor union that has the first place in legitimizations of collective labor contracts, with 20.3%, is the Confederation of Workers of Mexico (CTM), which until November 2022 had registered 1,793 processes with 297 unions; followed by the Revolutionary Confederation of Workers and Peasants (CROC), a central that, with 55 unions, has carried out 992 legitimizations.
Far below are union centrals such as the Confederation of Workers and Farmers (CTC) that barely reports –since 2021– the legitimization of 21 collective bargaining agreements with 9 union organizations; meanwhile, the Autonomous Confederation of Workers and Employees of Mexico (CATEM) only has the record of 2 contracts.
The CTM has the legitimacy of collective contracts in sectors such as self-service stores, the automotive, cement or beverage industries; while the CROC has the largest presence with the Soriana, Liverpool and Comercial Mexicana stores, as well as a strong recruitment in the hotel industry.
The Federal Center for Conciliation and Labor Registration (CFCRL) reported that, until November 11, 2022, there was a record of 8,797 legitimized collective labor contracts throughout the country; despite the fact that the Ministry of Labor and Social Welfare (STPS) reported the existence of around 500,000, which must comply with the legitimation process and whose term expires in five months.
It should be noted that in each legitimization process it is the workers who validate or not the existence of the collective bargaining agreement, since the labor authority seeks to make the employer protection contracts disappear.
According to data from the Federal Labor Center (CFCRL), the Revolutionary Industrial Union of Construction, Related and Similar Workers of the Mexican Republic (CROC), has carried out the process of legitimizing 477 contracts, all in the service sector where There are mainly hotels like the Hotel Grand Fiesta Americana Coral Beach Cancun Resort & Spa or Hotel Nizuc Resort & Spa (Operadora Hotelera Punta Nizuc SA De CV).
In the case of the CTM, the union organization that has carried out the most legitimization processes is the National Union of Employees and Workers of Supermarkets, Shopping Centers, Similar and Related of the Mexican Republic, CTM with 130 legitimations for corporate reasons such as: New Walmart de México, Operadora Walmart and a process for Alen del Norte and one for Hazak Seguridad Privada.
It is followed by the Union of Workers of the Bottling Industry of Soft Drinks, Soft Drinks, Natural Waters, Beers and Packaged Beverages in General, Similar and Related of the Mexican Republic with 129 processes for companies such as: Modelo Brewery, Aga Bottler, Arca Distributor Continental, World Drinks and the vast majority for Purified Drinks.
In the automotive sector there is, with the majority of legitimations, the National Union of Workers of the Automotive Industry and Services in General, Similar and Related of the United Mexican States, CTM who carried out twenty legitimations for BMW SLP; Draexlmaier Components Automotive of Mexico.
While the Union of Workers of the Cement, Lime, Asbestos, Plaster, Containers and its Similar and Related Products Industry of the Mexican Republic has registered 48 processes of legitimization of contracts with companies such as Holcim México Operaciones and with Cemex.
control and losses
Deputy Susana Prieto Terrazas, who has disputed collective contracts with the CTM, especially in the automotive sector, argued that the legitimacy of contracts in the country is very low: it barely represents 1.8% of the total contracts that must go through this process.
It is logical that the central that has legitimized the largest number of contracts is the CTM, because it is the one that has the most, because it achieved absolute control of the labor market with the PRI and PAN and has learned to lobby with Morena; but it is also the one that will be declared terminated the most, because it is also the one with the most protection contracts”, said the also secretary of the Labor Commission of the Chamber of Deputies.
Prieto Terrazas stressed that in the coming weeks there will be many more legitimations, since the deadline to present them ends as established by the 2019 labor reform and the labor chapter of the T-MEC; “The risk is that because they are so close together, the CTM deceives its workers into voting in favor of legitimization.”
Meanwhile, Esteban Martínez, head of the Liaison Unit for the Reform of the Labor Justice System, recently reported that, almost five months after the deadline for the legitimization of collective labor contracts, 18,962 consultations have been carried out in the country, in which 2 million 142,664 workers have participated.
He argued that “the unions have until May 1, 2023 to carry out this procedure and those that do not legitimize themselves within the term will disappear”, which would bring with it the existence of new individual labor relations with the recognition of rights acquired in the collective agreement.
New complaint, at stake
Union calls for recognition of VU Manufacturing
Despite having achieved a majority in the elections in September of this year and having filed a labor complaint within the framework of the T-MEC, in which a remediation agreement was presented, the Liga Sindical Obrera Mexicana (LSOM ) has failed to establish a negotiating table with the company VU Manufacturing to sign the first collective bargaining agreement.
According to the union’s legal representative, Pablo Franco, a letter has been delivered to the company in which an “estrangement” is made for not having respected the schedule for collective bargaining and not having officially stated any observations to the Initial proposition.
Franco explained that “the company threatens our quality as the most representative organization, promoting acts of aggression and divisionism against this Union League. We believe that the company’s attitude fails to comply with the agreed remediation measures due to the Rapid Response Mechanism provided for in Annex 31 A of the TMEC”.
In this sense, he explained that there are two ways that can be used by the workers, either the outbreak of a strike, and even promote the breach of the remediation agreement presented by the Ministry of Labor and Social Welfare to address what was the fifth complaint in labor matters to the government of Mexico for violations of labor rights.
There is also an important campaign in Troy Michigan, where the headquarters of the VU Manufacturing company is located, where members of the union organization Democratic Socialists of America (DSA for its acronym in English) went to draw attention to the contract negotiations work group carried out independently by the League and which has not received a response from the company.
In the next few days, the workers will take action, since VU Manufacturing is accused of constant labor violations, which range from the payment of precarious wages, exhausting workdays; to which is added “his favoritism to the CTM”.
“Despite having lost the referendum vote for proof of representation, the CTM has received the support of the company to act inside the factory,” said Franco.
pilar.martinez@eleconomista.mx
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