Below, the Interagency Labor Committee for Monitoring and Enforcement, an inter-agency Committee of the United States Government, provides answers to some frequently asked questions regarding both (a) the web-based tip hotline for labor issues among USMCA countries, and (b) USMCA Petitions: Rapid Response Petitions, and Labor Chapter Petitions.
This is a confidential web-based tip hotline to receive information regarding labor issues in Canada and Mexico. All tips submitted through the hotline are carefully reviewed by U.S. government labor experts.
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If you are considering submitting a petition, we encourage you to contact our staff by phone or via the web-based hotline first. A dedicated team is available to provide you with guidance, including advising on forms of documentation that could be most useful for us to receive.
No. The hotline is designed to receive information regarding labor issues in Canada or Mexico. Questions about other issues, such as visas or requirements to export or import products under the USMCA should be directed to the appropriate U.S. government agency (e.g., Department of Commerce, Department of State, or the Office of the U.S. Trade Representative).
At the time that you submit a tip, you will receive an automatically generated response confirming that we have received your hotline information. Hotline information will be carefully reviewed, and you may be contacted if additional information is necessary. We encourage you to include your name, e-mail address, and phone number along with the information you provide in case it is necessary to follow up with you directly.
Identifying information provided through the hotline, including your name if you choose to provide it, will be treated as confidential information to the maximum extent possible under United States law, unless you state that the information does not need to be treated in this manner. This means we will not disclose your identity unless we are required to under the law and we would let you know first before doing so. If you have any questions regarding the confidentiality of your information please contact USMCA_hotline@dol.gov.
A petition is a written statement submitted to the Interagency Labor Committee for Monitoring and Enforcement of the United States government requesting formal review of a labor-related matter (please see Question 3 for instructions on how to submit a petition). There are two types of petitions related to labor rights under the USMCA.
The first type of petition relates only to Mexico and is referred to as a Rapid Response Petition. It alleges that workers at a specific workplace are being denied their rights of free association and collective bargaining (the right to, for example, organize a union, join a union, campaign for a union, or approve or reject a collective bargaining agreement) under relevant Mexican laws. That type of petition is limited to certain kinds of workplaces in certain industries (see Question 4 for more information) and the enforcement mechanism is the Rapid Response Labor Mechanism, as outlined in Annex 31-A to the USMCA Dispute Settlement Chapter (Facility-Specific Rapid Response Labor Mechanism). Please see Question 4 below for more information.
The second type of petition alleges either Mexico or Canada is failing to comply with its labor obligations under the USMCA Labor Chapter (Chapter 23). That kind of petition is referred to as a Labor Chapter Petition. Please see Question 5 below for more information.
Petitions must be in writing, either in English or Spanish, and may be submitted with accompanying information supporting the allegations. We strongly prefer Petitions and accompanying information be provided electronically and in searchable formats (e.g., Word, PDF). Please see Question 10 for more information regarding submitting information supporting a petition.
Yes. You can file a Rapid Response Petition alleging a denial of the right of free association and collective bargaining under Mexican law to workers at a covered facility in Mexico and a Labor Chapter Petition alleging a failure by Mexico to comply with one or more of its obligations under the USMCA Labor Chapter at the same time. Please see the questions below about the requirements and timelines for both types of petitions.
However, if you have information about a denial of the rights of free association and collective bargaining that is occurring outside of a covered facility (as outlined under Question 4), you can report the situation to the United States through the hotline ( -work/trade/labor-rights-usmca/hotline). You can also use the hotline if you have questions or are unsure about whether the issues you are describing are occurring at a covered facility.
The United States reviews all petitions thoroughly, regardless of whether the recommended information is provided. Please see Question 10 regarding information that would be helpful to include in a petition.
Though not required, it is helpful to include documentation that can serve as evidence and that supports your allegations. This can be submitted as accompanying information to the petition. Depending upon the allegations in a petition, evidence may include:
Evidence may also include audio and video recordings or photos of relevant events or other items. When submitting evidence, explanations of what you are submitting can assist us in processing the information. For example, when submitting photos, audios, or videos, it is very helpful to include a description of events, indicating who is in the audio, photo, or video and where the events are taking place, if it is not clear from the audio, photo or video. It is also helpful for petitions to include specific facts that support the allegations, such as dates of alleged events, detailed descriptions of events, and any action following the events.
The United States is required to review petitions quickly and must make determinations within 30 calendar days for Rapid Response Petitions and 20 calendar days for Labor Chapter Petitions. Providing as much evidence as possible at the time the petition is filed to support your allegations will facilitate the review. Please see Question 10 on evidence that is helpful. We encourage you to contact us through the USMCA Hotline or call +1-202-693-4444, or the Mexico local number at +52 800 202 8632 (TMEC) for free if you are interested in speaking with us about what information and documents to include with a petition. The web address for the hotline is: -work/trade/labor-rights-usmca/hotline.
You may submit a petition anonymously, without telling us your name, or you may provide your name and ask that we keep your name and other information that could reveal your identity or the identity of other individuals referenced in the petition confidential. However, a petitioner must provide an e-mail address or telephone number by which the petitioner can be contacted.
For either a Rapid Response Petition or a Labor Chapter Petition, the United States government will confirm receipt of the petition and may contact the submitter to gather additional information during the review period. Although a petition may be submitted anonymously, petitioners must provide contact information, either an e-mail address or a telephone number, so that the United States can inform the petitioner about the disposition of a petition and request additional information, if needed.
Labor Chapter Petitions are reviewed within 20 calendar days of their receipt to determine whether further review is warranted. If the Committee determines further review is warranted, it will undertake that further review with a focus on determining, not later than 60 calendar days from the date the petition was submitted, whether there is sufficient credible evidence that the USMCA country is in violation of its labor obligations for purposes of initiating enforcement action.
If the Committee determines that there is sufficient credible evidence of a denial of rights enabling the good faith invocation of enforcement mechanisms, the first step is for the U.S. Trade Representative to ask Mexico to review the situation. The Committee will inform the petitioner of its determination.
If the U.S. Trade Representative requests review of the situation, and Mexico agrees to review, Mexico has 45 calendar days to review and submit a report to the United States. If Mexico decides that there has been a denial of free association and collective bargaining rights under relevant Mexican law, Mexico and the United States will have 10 calendar days to try to agree on a plan to address the situation. Then Mexico will carry out the plan within the agreed upon timeframe. If Mexico and the United States agree that the plan has been successfully concluded, no further action is taken at that time.
If Mexico does not agree to carry out a review or does not find a denial of rights, or if Mexico and the United States cannot agree on a plan to address the denial of rights found by the United States, the U.S. Trade Representative may proceed to formal dispute settlement, where a panel will determine whether there was a denial of rights. If the panel finds a denial of rights, or that a plan was not complied with, the United States may take away some or all trade benefits for goods coming into the United States from the particular workplace.
If the Committee determines that there is sufficient credible evidence that Mexico or Canada is not in compliance with its obligations under the Labor Chapter for purposes of initiating enforcement action under Chapter 23 or Chapter 31 of the USMCA, the U.S. Trade Representative will decide whether to initiate appropriate enforcement action within 60 calendar days. The Committee will let the petitioner know the result of the review of its petition. 152ee80cbc
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