The United States and Mexico today announced a course of remediation to address denials of rights at the RV Fresh Foods facility, which produces guacamole in the state of Michoacán.
This case is the first time the United States has used the mechanism in the food manufacturing sector. It is also the first time both the United States and Mexico have identified violations related to the conduct of the petitioning union.
The complaint was initiated on behalf of the union in in January 2024. Michoacán avocado production is controlled by the Association of Avocado Exporting Producers and Packers of Mexico, a self-labeled “nonprofit civil association” that has 84 affiliated packing plants, processing fruit from more than 34,000 growers.
The remediation plan "will ensure both the union and employer follow Mexican law and workers at the facility are able to enjoy their rights to freedom of association and collective bargaining," according to the USTR. The union's transgressions were not disclosed, though the settlement states the union "Refrains from committing acts of extortion or obtaining gifts from RV Fresh."
The course of remediation details a plan to remedy violations of Mexican law at the facility, and it includes measures aiming to prevent violations in the facility moving forward.
Under the course of remediation, the Government of Mexico will ensure that RV Fresh:
The Government of Mexico will ensure the union:
The Government of Mexico will:
The United States and Mexico agreed to establish a deadline of June 14, 2024 to complete the course of remediation.
Background
The United States Trade Representative and the Secretary of Labor co-chair the Interagency Labor Committee for Monitoring and Enforcement (ILC). On January 17, 2024, the ILC received an RRM petition from the Sindicato Nacional de Trabajadores y Empleados de la Industria del Comercio, Alimenticia, Textil, Automotriz, Metalúrgica, Servicios y Distribución Generalísimo José María Morelos y Pavón, a Mexican union, and the Confederación Central Nacional (COCENA), a Mexican union confederation.
The petition alleges RV Fresh Foods committed acts of employer interference in union activities, including by restricting the union’s access to the facility and intervening in the process of electing union delegates. The ILC reviews RRM petitions that it receives, and the accompanying information, within 30 days.
The ILC determined that there was sufficient, credible evidence of a denial of rights enabling the good faith invocation of enforcement mechanisms.
As a result, on February 16, 2024, the United States submitted a request to Mexico that Mexico conduct its own review. Mexico agreed, and on April 1, 2024, concluded there are ongoing denials of the right to freedom of association and collective bargaining at the facility. The United States and Mexico then agreed on a course of remediation to remediate the denials of rights.
Read the full course of remediation here.
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