Mexico and the United States successfully close ODISA case under T-MEC Rapid Response Labor Mechanism / @SE_mx >>>

#SE.- The Government of Mexico, through the Ministries of Economy and Labor and Social Welfare (STPS), informs of the successful closure of the case regarding the alleged denial of freedom of association and collective bargaining rights at Odisa Concrete Equipment, S.A. de C.V., located in Atotonilco de Tula, Hidalgo. The above, under the Labor Rapid Response Mechanism in Specific Facilities (MLRR) of Annex 31-A of the Treaty between Mexico, United States and Canada (T-MEC).

In the results of the internal investigation conducted by the STPS, which Mexico shared with the United States on December 6, 2024, the following was determined:

Regarding alleged employer interference in union matters by ODISA: a trusted person of ODISA allegedly made comments about the implications of the strike to workers and during the termination of the employment relationship with a worker, a trusted person of the company (who no longer worked in the company), provided false information, by expressing that the company had a union.
Regarding that ODISA allegedly negotiated a Collective Bargaining Agreement (CCT) with a union that does not have the Certificate of Representativeness: ODISA and the National Union of Workers of the Metallurgical, Metallurgical and Plastic Transformation and Exploitation Industry, Similar and Related of the Mexican Republic (SINATIM) signed the wage revision of the CCT on February 19, 2024. This revision of the CCT was not registered before the Federal Center for Labor Conciliation and Registration (Centro Federal de Conciliación y Registro Laboral, CFCRL).
Regarding the alleged improper deduction of union dues: ODISA made deductions under the concept of “Union Dues”, equivalent to 2% of the weekly salary of the workers, corresponding to the week of May 4 to 10, 2023, as well as in the months of April, May and June 2024. Considering that the CCT was not legitimized, ODISA should not have made discounts for such concept.
Regarding the alleged dismissals derived from union activities and preferences: there were indications that presumed that the dismissal of one of the four persons mentioned in the complaint was motivated by their union activity.
Regarding the alleged denial of access to the plant’s facilities to the National Union of Workers in Construction, Materials Hauling, Highway Operation, Transportation in General, Marketing and Services in General, Private Security, Hospitals, Offices, Private Schools, Chemical and Plastic, Similar and Related Activities, affiliated to the Regional Confederation of Mexican Workers (CROM): no evidence was found to prove such a claim.
Regarding the harassment, intimidation, mistreatment, harassment and surveillance that ODISA allegedly carried out against the workers: no evidence was found to support such statement.
Regarding ODISA’s alleged refusal to sign a CCT with the CROM: On November 13, 2024, the CROM and ODISA signed the CCT that will govern labor relations in the company. It should be noted that almost 60% of ODISA’s workers approved this CCT by personal, free, secret and direct vote in a consultation held in the presence of the CFCRL, on November 29, 2024.

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