US-Mexico RRM: (14) Aerotransportes Mas de Carga (Mas Air)

  • August 30, 2023: USTR announced request for Mexican government to review whether pilots at Aerotransportes Mas de Carga (Mas Air), a Mexico City-based cargo transportation airline, are being denied the right to freedom of association and collective bargaining. This was the first USMCA Rapid Response Mechanism request concerning a service business. Request responds to July 21 petition from Mexican pilot union Asociación Sindical de Pilotos Aviadores de México (ASPA). Links: USTR press release; US request; Mas Air website; El Universal on the request; El Universal on ASPA reaction that investigation sets a precedent for the airline industry. USTR did not request Treasury to suspend customs clearance of any imports.

  • September 8: Ministry of Economy announced that Mexican government has accepted US request; Ministry of Labour and Social Welfare (STPS) has 45 days to conduct internal investigation to determine whether denial of rights has occurred; Mexico reiterates its commitment to effectively apply labor laws and the USMCA labor chapter, thereby guaranteeing compliance with, and protection of, collective rights of Mexican workers.

  • October 18: Mexican government announced that STPS and Ministry of Economy successfully concluded review of Mas Air. During initial examination of US request, labor authorities determined that there might be violation of Mexican labor law and denial of labor rights, but during further review, Mas Air, cooperating with STPS, carried out remediation actions including e.g. publishing and distributing a letter of neutrality and guidelines of conduct; training pilots on their rights of freedom of association and collective bargaining; and reinstatement of a pilot who had been dismissed. Links: Mexican government announcement; report by El Universal.