The union freedom in Mexico

National
The union freedom in Mexico
The Work
By: Carlos Damian July 21, 2011
Jurisprudence of the SCJN
México. - The productive factors that any organization employs are the land, the capital and the work. The labor is the contribution, which makes the human resource to the goods production and of services. Generally the public organizations and derivatives classify to the labor in competent and not competent, and on this it will depending the remuneration level that will be made to this factor through salaries and wages payment.

The work factor has had throughout the economic history a great impact social as well as economic in the macroeconomic models that commonly they have been classified in endogenous and exogenous in function to the origin capital factor or technology. In spite of this have had in the last large decades theoretical and empirical advances in the designated human capital, this is in the work factor.

Union freedom
The Supreme Justice Court of the Nation (SCJN, in Spanish) has taken a decision of great importance for the future of the union freedom in our country (June, 20), upon modifying the jurisprudence 86 /200, that empowers to the Boards of Conciliation and Arbitration and to the Ministry of the Work and Social Provision to verify if the election procedure of a guideline is attached to the bylaws and to the Federal law of the Work.

The jurisprudence 86/200, dictation by the Second Room of the Great Court, granted from its birth, it makes 11 years, a legal excuse to the occupational authorities to justify its intervention in the life of the unions and to block to all the democratic court unions, wrong seen by the government and the chiefs. It has sufficed any omission, by small that it will be, to deny or condition the "toma de nota" necessary to accredit the legal personality of the union: the lack of a company, the mistake in a date, summons or record, the chiefs update, the absence of the company of the chief recognizing the occupational relationship, and a capricious interpretation the procedure, the foregoing form part of a wide catalogue that is used for this goal.

The importance of the work
Upon studying the behaviors of the companies and of the markets are micro-economic static models, the work factor is envisaged in the theory of the production with one and two variable input. An important concept that is derived from this analysis is the marginal productivity of the factor of the work that explicit the structural limits that will have an organization to contract working considering the individual contribution that make them to the production.
Jurisprudence of the SCJN
To combat the negative decision of the authority compels to the union to a long legal battle by the route of the protection -Habeas Corpus-, putting it against the wall, since requires of that simple “document" to operate. The Magistrate Hector Arturo Mercado, integrating of the third associated court, with date 3 of December of 2009, presented before the court a modification request of the jurisprudence 86/200. His petition was established in the free association principles guarantee by the fraction XVI of the article 123 constitutional, in various associations assumed by the SCJN and in the force of the Agreement 87 of the Organization 87 of the International Organization of the Work (IOW), of obligatory observation makes more than 60 years, emphasizing the point 2 of its article 3, that to the letter indicates: "The public authorities will have to be abstained of all intervention that will stall to limit this right or to hamper its legal exercise".

The Mercado Magistrate enriched its legal arguments with criteria of the Union Freedom Committee of the IOW, between other the one which to the letter is mention it: "403. - The record of the executive commissions of the organizations will have to be produced automatically after the notice of part of the union and it will have to be refutable to petition of the affiliates of the union in question only". The petitioner asserted that the faculty must be limited to the "what" had to make the requesting organization. And of not to make it thus, it would carry to the registering authority to abdicate of its obligation of be abstained of all intervention.
The phrase "toma de nota" in the unions
It was supported on the Court in function; that it was not existing legal basis for the intervention and that to authorize it without limits was meaning an injury to the freedom and autonomy of the unions. It has focused the attention of the chiefs and union leaders, but without doubt there are groups of entrepreneurs that are opposed to prevent “toma de nota” to the leader (Napoleon Gomez Urrutia) of the national union metallurgical miner (SNMMSRM); a change in the jurisprudence would impact this decision.

The ministers can not ignore that the "toma de nota” has been disqualified by the IOW and it is non-existent as such in democratic countries for who the intromission of the State in the life of the unions would be inadmissible. Either it can be ignored that the calls " registering authorities" are not impartial, fundamental attribute of any umpire; it is absurd and ridiculous deal obligated to request the "toma de nota" before an instance integrated by the representative of the own chief, of the executive branch and of a union leader generally little auspicious to democratic practices, who certainly survives thanks to the absence of these normative. (La Jornada, sociedad y justicia, p. 18, July 16, 2011).