Mexico escapes B.C. Labour Board hearings over blacklisting charges


Links

Declaration of Victor Robles re: Blacklist

Labour Relations Board to examine alleged migrant workers' blacklisting
Vancouver Sun - 31 Jan 2012

B.C. labour activists rally for Mexican migrant workers
CBC News - December 18, 2011

Vancouver protest on International Migrants Day aimed at Mexico blacklisting
UFCW Canada - December 18, 2011

Migrant farmers discriminated after joining union
24 Hours - Vancouver - December 18, 2011

Concerns BC migrant workers are being blacklisted
News1130 - December 18, 2011

Santa gets political in Vancouver
London Free Press - December 17, 2011

"Stop the Blacklisting" protesters hold mock funeral outside Mexico Consulate in Vancouver
UFCW Canada - November 14, 2011

Migrant workers protest alleged union blacklisting
The Province - November 14, 2011

Mexican migrant workers picket consulate in Vancouver
Calgary Herald - November 14, 2011

Protesta contra Consulado Mexicano por crear listas negra
CNN EXPANSIÓN  - October 21, 2011

Labour sympathizers 'blacklisted'
Vancouver Sun - October 18, 2011

BC activists protest Mexico claim of immunity
UFCW Canada - October 17, 2011

Mexico claims immunity in B.C. charges
UFCW Canada - October 17, 2011

Members of Mexican Congress demand answers
UFCW Canada - May 27, 2011

Union busting allegations outlined at Mexico City media conference
UFCW Canada - May 18, 2011

Mexican Gov't Union Busting in BC, Charges Union
the Tyee - May 11, 2011

Charges allege Mexico consulate blacklisted migrant workers
UFCW Canada - May 10, 2011

Backgrounder media release, 10 May 2011

Mexico blocking labour activists: Canadian union
CBC News - May 10, 2011

Union accuses Mexican consulate of blacklisting farm workers
Metro Vancouver - May 10, 2011

Downloads

Declaration of Victor Robles re: Blacklist

Charges filed against Mexico and Sidhu

Charges filed against Mexico and Floralia, 28 April 2011

Evidence re:  blacklist activity

Mexico's claim of immunity, 19 August 2011

Union's response to Mexico's claim of immunity, 6 September 2011

But Mexican Consulate’s collusion with farm employers in ‘blacklisting’ migrant workers still to be subject of upcoming hearings

VANCOUVER, B.C. – February 1, 2012— The British Columbia Labour Relations Board (BCLRB) has ruled the Mexican government has “state immunity” and would not be party to charges that its Consulate in Vancouver worked in collusion with agriculture employers to blacklist Mexican citizens suspected of being union supporters from returning to work in Canada as migrant farmworkers.  

The charges were filed by UFCW Canada Local 1518 — the union which represents seasonal migrant farm workers at Floralia Plant Growers, and Sidhu & Sons Nursery in the Fraser Valley. Along with Mexico and its consulate, Sidhu and Floralia are also named in the unfair labour complaints, which are backed up by leaked Mexico government documents that point to the blacklisting activity.

In its ruling, the BCLRBheld that Mexico has state immunity and is therefore immune from unfair labour practice complaints being brought against it. However, hearings into the charges against Sidhu & Sons and against Floralia will proceed, and the Board’s ruling recognized that the actions of Mexico are relevant and important to provide background and context for the charges against the two farm employers.

“Our view all along has been thatMexico is not immune from the consequences of its unlawful acts that impact the rights of its citizens who are working in Canada,” says Wayne Hanley, national president of UFCW Canada. “Today’s ruling essentially says Mexican officials in Canada are free to breach the established and agreed to rights of workers in Canada to unionize and work collectively to improve their lives and employment while in Canada.”

“We are very concerned about the consequences for migrant farmworkers as a result, and will review this ruling closely before determining our next steps,” says Hanley.

“It’s disturbing that this ruling allows the Mexican government to hide behind claims of immunity and avoid very serious charges that go to the heart of fundamental labour and human rights protected by law in Canada,” says Ivan Limpright, president of UFCW Canada Local 1518, which represents the migrant farm workers at Sidhu, and at Floralia.

“Despite our disappointment and concern about today’s ruling,” says Limpright, “we are pleased to see that the Board is prepared to examine the allegations of the Mexican government’s collusion with the two farms to blacklist migrant farmworkers, and the facts of this case will be part of the upcoming charges brought before the Board.”

“Migrant farmworkers are among the most vulnerable and exploited workers in Canada, and we will continue to fight to see their basic human rights recognized and honoured.”

UFCW Canada is the country's largest private-sector union and represents agriculture workers at a number of locations in B.C. and Quebec. The union, in association with the Agriculture Workers Alliance (AWA), also operates three agriculture workers support centres in B.C. and seven others across the country.