Enter to open, tab to navigate, enter to select
NLRB Signs Letter of Agreement with Mexican Foreign Ministry
Practical Law Legal Update 8-536-7966 (Approx. 5 pages)
NLRB Signs Letter of Agreement with Mexican Foreign Ministry
by Practical Law Labor & Employment
| Published on 06 Aug 2013 • USA (National/Federal) |
The National Labor Relations Board (NLRB) has entered into a cooperative agreement with the Ministry of Foreign Affairs of Mexico, with the aim to educate Mexican employers, employees and new immigrants in their rights and responsibilities under the National Labor Relations Act (NLRA).
On August 1, 2013, the NLRB announced that it has signed a letter of agreement with the Ministry of Foreign Affairs of Mexico (Ministry of Mexico). The NLRB states that the aim of the agreement is to improve the collaborative efforts of the NLRB and Mexican government in increasing Mexican employers, employees and new immigrants' awareness of their rights and responsibilities under the NLRA. Under the terms of the agreement, the NLRB and its Regional Offices will cooperate with the Mexican Embassy and Consulates nationwide to provide outreach, education and training, and to develop best practices.
This agreement to educate Mexican workers in the US about their respective rights under the NLRA comes in the wake of:
- Two US Circuit Courts of Appeals' decisions invalidating an NLRB rule requiring virtually all private sector employers in the US to post a notice about employees' rights under the NLRA (see Article, Post No Bills: Insights from the DC Circuit's Ruling on the NLRB's Notice Posting Rule).
- The NLRB entering an agreement with the DOJ's Civil Rights Divisions Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) that the agencies will share information and coordinate investigations (see Legal Update, DOJ and NLRB Agree to Share Information and Coordinate Investigations).
The Ministry of Mexico reported that the agreement:
- Promotes and protects the labor rights of Mexican immigrants in the United States, especially association rights, regardless of their immigration status.
- Commits Mexican consulates and the NLRB to jointly inform Mexican workers of their rights to:
- join or be part of a union;
- elect a representative to negotiate on their behalf with employers; and
- work with other employees for their benefit and protection.
Interestingly, the Ministry of Mexico's report does not mention that the joint education and outreach efforts will instruct workers of their rights under the NLRA to refrain from association or engaging in the specified activities.