ASARCO, Grupo Mexico, USW and Mineros
Lead NCPUnited States
Supporting NCP(s)Mexico
DescriptionThis specific instance concerns the alleged non-observance of the OECD Guidelines by Grupo Mexico and its US subsidiary, ASARCO, LLC. (ASARCO) in its operations in the United States.
Theme(s)Employment and industrial relations, General policies, Human rights, Taxation
Date18 Feb 2016
Host country(ies)United States
SourceTrade Union
Industry sectorMining and quarrying
StatusConcluded
Summary

Read the final statement issued by the US NCP concluding the specific instance – 8 August 2016


On 18 February 2016, the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW) and Sindicato Nacional de Trabajadores Mineros, Metalurgicos, Siderurgicos y Similares de la Republica Mexicana (Mineros) submitted a specific instance to the US NCP alleging the non-observance of the OECD Guidelines by Grupo Mexico and its US subsidiary, ASARCO, LLC. (ASARCO) in its operations in the United States.

The submitters alleged that some ASARCO employees were working without an agreed contract due to a breakdown in collective bargaining negotiations, as well as that ASARCO “engaged in conduct designed to avoid reaching an agreement with the union”. 

On 6 July 2016, the US NCP offered mediation on several of the issues raised by the submitters in the specific instance. Grupo Mexico and its US subsidiary, ASARCO, declined to participate in mediation. 

This led the US NCP to conclude the specific instance on 8 August 2016. In its final statement the US NCP encouraged Grupo Mexico and ASARCO to consider the recommendations in the OECD Guidelines and the G20/OECD Principles of Corporate Governance. The US NCP also recommends that the parties use the ongoing NLRB process to help address the issues raised in this specific instance.