Bureau of International Labor Affairs; North American Agreement on Labor Cooperation; Revised Notice of Establishment of U.S. National Administrative Office and Procedural Guidelines

DEPARTMENT OF LABOR

Office of the Secretary

Bureau of International Labor Affairs; North American Agreement

on Labor Cooperation; Revised Notice of Establishment of U.S. National

Administrative Office and Procedural Guidelines

AGENCY: Office of the Secretary, Labor.

ACTION: Revised notice of establishment and procedural guidelines.

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SUMMARY: This revised notice announces certain modifications to the

notice of establishment of the U.S. National Administrative Office

(Office), published in the Federal Register on December 30, 1993, and

sets out procedural guidelines pertaining to the public submission,

review, and reporting process utilized by the Office. The Office was

established on January 1, 1994.

The revised notice also affirms that the Office will conduct its

activities in accordance with the cooperative principles upon which the

North American Agreement on Labor Cooperation (Agreement) is based and

provides for the office's significant role in the development and

implementation of the cooperative activities envisioned by the Parties

to the Agreement. Finally, the revised notice sets out procedures for

inspection of public information and designation and treatment of

information submitted in confidence.

EFFECTIVE DATE: April 1, 1994.

FOR FURTHER INFORMATION CONTACT:

Andrew Samet, Associate Deputy Under Secretary, Bureau of International

Labor Affairs, Department of Labor, 200 Constitution Avenue, NW., room

S-2235, Washington, DC 20210. Telephone: (202) 219-6043 (this is not a

toll-free number).

SUPPLEMENTARY INFORMATION: The Agreement was signed by the Presidents

of the United States of America and of the United Mexican States and

the Prime Minister of Canada on September 8, 9, 12, and 14, 1993. On

January 1, 1994 the Governments of the countries exchanged notes

providing for the entry into force of the Agreement. See section

101(b)(2) of Public Law 103-182, the North American Free Trade

Agreement Implementation Act.

Article 15(1) of the Agreement requires each Party to establish a

National Administrative Office at the federal government level and

notify the other Parties of its location. Article 16 of the Agreement

requires the Office to perform several functions: to serve as a U.S.

point of contact with respect to the Agreement for other U.S.

government agencies, for the National Administrative Offices of Canada

and Mexico, and for the Secretariat of the Commission for Labor

Cooperation established by the Agreement; to provide publicly available

information about U.S. labor law matters upon request from the

Secretariat, the Canadian or Mexican National Administrative Office, or

an Evaluation Committee of Experts (ECE) formed under Articles 23-26 of

the Agreement to analyze labor law matters; and to provide for the

submission and receipt of public communications on labor law matters in

Canada and Mexico and the review of such matters by the United States.

Article 21 of the Agreement outlines procedures for National

Administrative Offices to consult with one another about labor law in

the three countries, its administration, or labor market conditions. In

such consultations, a National Administrative Office must promptly

provide to another National Administrative Office publicly available

data or information, including: (a) Descriptions of laws, regulations,

procedures, policies or practices; (b) proposed changes to such

procedures, policies or practices; and (c) such clarifications and

explanations related to such matters, as may assist the consulting

National Administrative Office to better understand and respond to the

issues raised.

On December 30, 1993 the Department published a notice of

establishment and request for comments. 58 FR 69410. The notice

announced the establishment of the U.S. National Administrative Office,

effective January 1, 1994, discussed its responsibilities, and set out

a tentative framework to be utilized in regard to the public

submission, review, and reporting responsibilities of the Office.

Public comments and suggestions were invited on procedural guidelines

for submitting and processing requests for review, with the comment

period ending on February 15, 1994.

Two sets of comments were timely received from the following

organization:

--The Industrial Relations Committee of the U.S. Council for

International Business (the Business Roundtable's Task Force on Human

Resources and International Trade and Investment concurred in these

comments, and they were also endorsed by the international labor

affairs group of the National Association of Manufacturers); and

--The International Labor Rights Education and Research Fund.

The Department has carefully reviewed and considered the comments

in revising the earlier notice and developing the procedural

guidelines. The revised notice is set out below.

One year from the date of publication in the Federal Register of

the revised notice, the Department will undertake a review of the

operation and procedures of the U.S. National Administrative Office.

Signed at Washington, DC, on April 1, 1994.

Robert B. Reich,

Secretary of Labor.

Revised Notice of Establishment of U.S. National Administrative Office

and Procedural Guidelines

Section A. Establishment.--

1. Effective January 1, 1994, there is established, within the

Bureau of International Labor Affairs (ILAB) of the Department of

Labor, the U.S. National Administrative Office, as required by the

North American Agreement on Labor Cooperation between the Government of

the United States of America, the Government of Canada, and the

Government of the United Mexican States.

2. The Secretary of Labor shall designate the Secretary of the

Office, who shall have expertise or experience in labor matters or

other appropriate disciplines.

Section B. Definitions.--

As used herein:

``Agreement'' means the North American Agreement on Labor

Cooperation between the Government of the United States of America, the

Government of Canada, and the Government of the United Mexican States

signed at Mexico City, Washington, and Ottawa on September 8, 9, 12,

and 14, 1993;

``another Party'' or ``other Parties'' means a Party or Parties

other than the United States of America;

``Council'' means the Council of the Commission for Labor

Cooperation established under Article 8 of the Agreement;

``Evaluation Committee of Experts'' means an Evaluation Committee

of Experts established under Article 23 of the Agreement;

``labor law'' means ``labor law'' as defined in Article 49 of the

Agreement;

``labor organization'' includes any organization of any kind,

including such local, national, and international organizations or

federations, in which employees participate and which exists for the

purpose, in whole or in part, of dealing with employers concerning

grievances, labor disputes, wages, rates of pay, hours, or other terms

or conditions of employment;

``non-governmental organization'' means any scientific,

professional, business, non-profit, or public interest organization or

association which is neither affiliated with, nor under the direction

of, a government;

``Office'' means the U.S. National Administrative Office;

``Party'' means a Party to the Agreement;

``publicly available information'' means ``publicly available

information'' as defined in Article 49 of the Agreement;

``person'' includes one or more individuals, non-governmental

organizations, labor organizations, partnerships, associations,

corporations, or legal representatives;

``Secretariat'' means the Secretariat of the Commission for Labor

Cooperation established under Article 8 of the Agreement; and

``Secretary'' means the Secretary of the U.S. National

Administrative Office.

Section C. Functions of the Office.--

1. The Office shall provide assistance to the Secretary of Labor on

all matters concerning the Agreement, including the development and

implementation of cooperative activities under Article 11, as set out

in Section D.

2. The Office shall serve as a point of contact with agencies of

the United States Government, the National Administrative Offices of

the other Parties, the Secretariat, and the Council.

3. The Office shall promptly provide publicly available information

requested by the Secretariat for reports and studies under Article 14

of the Agreement, by a National Administrative Office of another Party,

or by an Evaluation Committee of Experts.

4. The Office shall receive, accept for review, and review

submissions on labor law matters arising in the territory of another

Party, as set out in Sections F, G, and H.

5. The Office may, at the discretion of the Secretary, initiate a

review of any matter covered by the Agreement.

6. The Office may request consultations with the National

Administrative Office of another Party in relation to that Party's

labor law, its administration of the law, or labor market conditions in

its territory, under Article 21(1) of the Agreement; as set out in

Article 21(2), shall respond to requests for consultations made by

another Party under Article 21(1); and shall participate in

consultations conducted under Article 21(3) as appropriate.

7. The Office shall publish periodic and special reports, as set

out in Section J, collect and maintain information on labor law matters

involving another Party, and compile materials concerning labor law

legislation of another Party.

8. The Office shall consider the views of committees established

under Article 17 or 18 of the Agreement.

9. The Office shall consult with appropriate entities of the U.S.

government.

Section D. Cooperation.--

1. The Office shall conduct at all times its activities in

accordance with the principles of cooperation and respect embodied in

the Agreement. In its dealings with the National Administrative Office

of the other Parties and all persons, the Office shall endeavor to the

maximum extent possible to resolve matters through consultation and

cooperation.

2. The Secretary shall consult with the Secretary of the National

Administrative Office of the appropriate Party or Parties at all states

of the submission and review process set out in Sections G and H in

order to obtain information and resolve issues that may arise.

3. The Office shall assist the Secretary of Labor in developing and

implementing cooperative activities under Article 11 of the Agreement,

which may include seminars, training sessions, working groups,

conferences, joint research projects (including sectoral studies), and

technical assistance, and may be carried out through such other means

as the Parties may agree. In deciding which cooperative activities

should be promoted by the Council under Article 11, the Secretary of

Labor shall give due regard to the recommendations of the Office.

4. The Office shall receive and consider suggestions for

cooperative activities submitted by any person.

Section E. Information.--

1. The Secretary shall maintain a reading room where submissions,

public files, transcripts of hearings, Federal Register notices,

reports, advisory committee information, and other public information

shall be available for inspection during normal business hours, subject

to the terms and conditions of the Freedom of Information Act, 5 U.S.C.

552.

2. Information submitted by a person to the Office in confidence

shall be treated as exempt from public inspection if the information

meets the requirements of 5 U.S.C. 552(b). Each person requesting such

treatment shall clearly mark ``submitted in confidence'' on each page

or portion of a page so submitted and furnish an explanation as to the

need for exemption from public inspection. If the material is not

accepted in confidence it will be returned promptly to the submitter

with an explanation for the action taken.

3. The Office shall be sensitive to the needs of individuals'

confidentiality and shall make every effort to protect such interests.

Section F. Submissions.--

1. Any person may file a submission with the Office regarding labor

law matters arising in the territory of another Party. A single copy is

satisfactory for filing. Filing may be by hand delivery, mail delivery,

or facsimile transmission.

2. The submission shall identify clearly the person filing the

submission and shall be signed and dated. It shall state with

specificity the matters that the submitter requests the Office to

consider and include supporting information available to the submitter.

To the fullest extent possible, the submission shall address and

explain whether:

(a) the matters complained of appear to demonstrate action

inconsistent with another Party's obligations under Part II of the

Agreement;

(b) there has been harm to the submitter or other persons, and, if

so, to what extent;

(c) the matters complained of appear to demonstrate a pattern of

non-enforcement of labor law by another Party;

(d) relief has been sought under the domestic laws of another

Party, and, if so, the status of any legal proceedings; and

(e) the matters complained of are pending before an international

body.

Section G. Acceptance of Submissions.--

1. Within 60 days after the filing of a submission, the Secretary

shall determine whether to accept the submission for review. The

Secretary may communicate with the submitter during this period

regarding any matter relating to the determination.

2. In general, the Secretary shall accept a submission for review

if it raises issues relevant to labor law matters in the territory of

another Party and if a review would further the objectives of the

Agreement.

3. The Secretary may decline to accept a submission for review if:

(a) the submission does not identify clearly the person filing the

submission, is not signed and dated, or is not sufficiently specific to

determine the nature of the request and permit an appropriate review;

(b) the statements contained in the submission, even if

substantiated, would not constitute a failure of another Party to

comply with its obligations under Part II of the Agreement;

(c) the statements contained in the submission or available

information demonstrates that appropriate relief has not been sought

under the domestic laws of another Party, or that the matter or a

related matter is pending before an international body; or

(d) the submission is substantially similar to a recent submission

and significant, new information has not been made available.

4. If the Secretary accepts a submission for review, the Secretary

shall publish promptly in the Federal Register a notice of the

determination, a statement specifying why review is warranted, and the

terms of the review, and notify promptly in writing such persons as may

be appropriate.

5. If the Secretary declines to accept a submission for review, the

Secretary shall notify promptly in writing the submitter and provide

the reasons for the determination.

Section H. Reviews and Public Reports.--

1. Following a determination by the Secretary to accept a

submission for review, the Office shall conduct such further

examination of the submission as may be appropriate to assist the

Office to better understand and publicly report on the issues raised.

The Office shall keep the submitter apprised of the status of the

review.

2. Except for information exempt from public inspection pursuant to

Section E, information relevant to the review shall be placed in a

public file. Information exempt from public inspection shall be placed

in a separate file.

3. The Secretary shall hold promptly a hearing on the submission,

unless the Secretary determines that a hearing would not be a suitable

method for carrying out the Office's responsibilities under paragraph

1.

4. Notice of a hearing under paragraph 3 shall be published in the

Federal Register 30 days in advance. The notice shall contain such

information as the Secretary deems relevant, including information

pertaining to requests to present oral testimony and written briefs.

5. The hearing shall be open to the public. All proceedings shall

be conducted in English, with simultaneous translation provided as the

Secretary deems necessary.

6. The hearing shall be conducted by the Secretary or the

Secretary's designee, assisted by the Office staff and legal counsel,

as appropriate. The public file shall be made part of the hearing

record at the commencement of the hearing.

7. The Secretary of the National Administrative Office of another

Party, or such Secretary's designee, may participate in the hearing.

8. Within 120 days of the acceptance of a submission for review,

unless circumstances require an extension of time of up to 60

additional days, the Secretary shall issue a public report, which shall

include a summary of the proceedings and any findings and

recommendations.

Section I. Recommendations to the Secretary of Labor.--

1. If, after consultations under Article 21 of the Agreement, the

Secretary determines that the matter has not been resolved

satisfactorily, the Secretary shall recommend that the Secretary of

Labor request consultations at the ministerial level under Article 22

of the Agreement.

2. If, following ministerial consultations under Article 22 of the

Agreement, the Secretary determines that the matter has not been

resolved satisfactorily and is within the scope of Article 23 of the

Agreement, the Secretary shall recommend that the Secretary of Labor

request that an Evaluation Committee of Experts be established under

Article 23.

3. If, following presentation of a final Evaluation Committee of

Experts report under Article 26(1) of the Agreement, the Secretary

determines that the matter has not been resolved satisfactorily, the

Secretary shall provide recommendations to the Secretary of Labor

regarding pursuit of dispute resolution under Part Five of the

Agreement. Before making such recommendations, the Secretary shall

consult with appropriate entities of the U.S. government.

Section J. Periodic and Special Reports.--

1. The Office shall publish annually a list of submissions on labor

law matters, including a summary of the disposition of the submissions.

2. The Office shall obtain the lists of public communications on

labor law matters published by the National Administrative Offices of

the other Parties under Article 16(3) of the Agreement and make such

lists available at the Office's reading room.

3. The Office may publish special reports on any topic under its

purview on its own initiative, or upon request from the Secretary of

Labor, including reviews of the effectiveness of labor law enforcement

in the territories of the other Parties.

[FR Doc. 94-8297 Filed 4-6-94; 8:45 am]

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