The supervision procedures of the Labor Chapter involve a body composed of Contact Points from each of the States that are signatories of the Agreement, which have among their functions to receive and examine the communications that are presented in relation to possible violations of
the provisions of the Labor Chapter. In the case of the agreements signed by the United States, this Contact Point is the Monitoring & Enforcement of Trade Agreements Division, which is part of the Office of Trade and Labor Affairs of the Department of Labor.
The list of Labor Chapters in Free Trade Agreements signed by the United States can be found here: https://www.dol.gov/agencies/ilab/our-work/trade
5.3
How have unions used the labor chapters of Free Trade Agreements?
As noted above, the consequence of failing to comply with the provisions of the Labor Chapter of the FTA could ultimately result in the suspension of the trade benefits set forth in the Agreement against the Party that has failed to comply. This trade “sanction” can be a relevant deterrent tool to encourage or force the States Parties to the Agreement to comply with the Labor Chapter and, therefore, to render its provisions effective. In view of this, several trade union organizations in the Americas
have used the control procedures established in the Free Trade Agreements entered into by their respective countries as a complementary tool to the actions in other bodies at the national and international level. In the case of the agreements signed by the United States, unions can make public communications to the Department of Labor’s Office of Trade and Labor Affairs in order to initiate mechanisms for monitoring and implementing the Labor Chapters.
Notice of Reassignment of Functions of Office of Trade Agreement Implementation to Office of Trade and Labor Affairs; Notice of Procedural Guidelines: https://www.govinfo.gov/content/pkg/FR-2006-12-21/pdf/E6-21837.pdf Submissions under the Labor Provisions of Free Trade Agreements: https://www.dol.gov/agencies/ilab/our-work/trade/fta-submissions
The following table details some cases of union use of Labor Chapters
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PRACTICAL GUIDE TO TRADE UNION ACTION: International Human Rights Instruments
of Free Trade Agreements in the Americas.
