On August 17, 2022, through the Official Gazette of the Federation, the General Guidelines for Trade Union Democracy Procedures were published by the Federal Center for Conciliation and Labor Registration (“CFCRL”), through which the criteria, requirements, and provisions that must be followed in the union democracy procedures regulated by the Federal Labor Law (“LFT”) are established, such as:
- Election of union leadership
- Obtaining Certificate of Representativeness; and
- Consultation on the review of the collective bargaining agreement.
Regarding the latter, it is important to remember that the LFT provides that when the union and the company have reached an agreement in the biannual contractual review, the union must consult the content of said review agreement with its members.
Among the obligations or aspects that the employer must consider because of this type of union democracy process, the following stand out:
- The CFCRL may require the company to corroborate information provided by the union;
- The union must inform the company as soon as it issues a call for the union democracy process;
- The company must grant the following facilities:
- Provide physical spaces to carry out the consultation;
- Allow the dissemination of the call and the list of people with the right to vote;
- Grant permits to the people who make up the union commission;
- Allow employees to vote during their working hours;
- Allow the posting of informative or dissemination materials, which are prepared or validated by the CFCRL;
- Have the necessary measures to guarantee the safety of the people who participate in the consultation; and
- Others requested by the CFCRL.
- The CFCRL will validate that the review agreement has been delivered to the workers with the right to vote, prior to the consultation; and
- Likewise, it is established that the company should not have any intervention during the consultation, but only collaborate with the CFCRL in what is requested.
Therefore, if you require support in the development of a union democracy procedure from the perspective of the company, do not hesitate to contact the Vega, Guerrero & Asociados Labor Area team.
