The Organic Law of the Federal Center for Labor Conciliation and Registration, one of the key institutions of the reform of the Federal Labor Law, which will allow the disappearance of the Conciliation and Arbitration Boards, in accordance with fraction XX of article 123, section A, of our Constitution, which was amended in 2017, the resolution of conflicts between workers and employers will be in charge of the labor courts of the Federal Judicial Power or local courts of the federative entities.
The Federal Center for Labor Conciliation and Registration (CFCRL) “is an arm that protects union freedom and democracy”, which will allow compliance with the new requirements of the trade agreement between Mexico and the United States and Canada (T-MEC).
Part of this transformation or of the new reform to the Federal Labor Law, is the creation of a new body that, in addition to keeping the records of unions and collective contracts at the national level, will monitor that union rights and collective interests are respected. of workers, through free and democratic processes.
The Center will also handle conciliation at the federal level.
- PREJUDICIAL CONCILIATION PROCEDURE
The pre-judicial conciliation procedure will have the purpose of agreeing to the parties to reach an agreement, and the conciliation should not last more than 45 calendar days and in the event of no conciliation, said center will issue a certificate, which will be necessary that the worker present at the trial stage before the labor courts; This procedure is necessary to go to court, except for the exceptions set forth in article 685 Ter of the amended Federal Labor Law.
- UNION DEMOCRACY
In addition to conciliatory actions, the Federal Center for Labor Conciliation and Registration will be in charge of keeping the record of all collective bargaining contracts, law-contracts, internal labor regulations, and those of trade union organizations, as well as the record of acts and procedures carried out by companies and unions.
Another of its attributions is to assist workers in the election procedures of their union leaderships, as well as to verify compliance with the democratic principles that these groups must observe, in addition to issuing trade union representativeness certificates.
The workers affiliated to a trade union organization may cast a personal, free, direct and secret vote for the election of their board of directors, to know and approve their collective labor contracts, among other democratic processes. No more mock unions.
Workers will be consulted by personal, free, secret and direct vote to:
- Election of union officers;
- Signing of initial contracts;
- Ratification of negotiated agreements on the content of a collective agreement or revision agreement;
- Legitimation of existing collective contracts, among others.
This Conciliation Center will also be in charge of issuing opinions on the performance of conciliation procedures, in addition to establishing specific methodologies that promote alternative dispute resolution between workers and employers.
Arturo de la Peña
Gloria Ponce de León & Hernández