Even though the Autonomous Confederation of Workers and Employees of Mexico (CATEM) affirmed that it won the election process at the plant of Mazdain Guanajuato, the truth is that “abstentionism won”, which requires that the option of ‘non-unionization’ be included in the voting processes so that workers fully apply the freedom of association stipulated in the T-MEC y Federal Labor Law.
This was considered by the specialist in labor matters, Óscar de la Vega, partner of the firm De la Vega & Martínez Rojas, who took a similar case in the union of Volkswagen where the low participation of the workers led to voting again, although in this case it was to approve the negotiations of their collective bargaining agreement.
Asked about the recent voting process at Mazda, he commented that “out of a list of 4,400 workers, only 1,500 participated and that vote was divided among three organizations: CATEM, CTM and the Independent “Froylán González”, meaning that none of the three obtained 50+1 of the total unionized workers of that plant, which generates a series of questions about the validity of the vote”.
He explained that the labor authorities must clarify whether “that 50+1 of the total number of workers, that is, 2,201 workers, is required to obtain ownership of the collective bargaining agreement; or in any case, and as has been interpreted, that only the majority of those who go to vote is required”.
De la Vega also stated that “within a union democracy, which is what the Labor Reform proclaims, for certain processes this 50+1 is specifically required as established in art. 390 Ter of the LFT; that is, for the processes of legitimation and consultation of the CCTs”.
Another fundamental aspect, he added, is about the freedom of association established by the T-MEC and the Constitution, since the worker has the freedom, or not, to form part of a union, “and probably the great absenteeism in this Mazda process, This is due to the fact that many of those 4,400 workers have no interest in belonging to a union, so the option “non-unionization” should have been included on the ballot.
For now, until the Federal Labor Court issues a ruling, in addition to the fact that it can be challenged by any of the union organizations, whose interpretation will be subject to the judge, the titular union will continue to be the CTM.
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