Mexico: New Union Election Guidelines Allow Electronic Voting, Emphasize Employer Non-Interference

The Federal Center for Conciliation and Labor Registration—the organization governing labor and management relations in Mexico—recently approved General Guidelines for Union Democracy Procedures. Effective immediately, the new guidelines establish a union electoral observer role, highlight non-interference from employers, and allow companies to use remote electronic voting when necessary.

Indicating the Federal Center will verify compliance, the guidelines prohibit “interference” from employers, although the document does not specifically define the term. The guidelines are applicable to union leadership and bargaining unit elections, as well as votes for a collective bargaining agreement and revisions. However, it does not apply to a legitimization vote. Further, the Federal Center will create a "Union Electoral Observer" role to monitor any procedure regarding union democracy. The guidelines state that “the reports, judgments, opinions, or conclusions presented by the union electoral observers are not binding but will serve as elements of analysis for the resolution of any disagreements that may arise.” The requirements also prohibit any photographing or recording during voting.

Electronic voting is allowed under any of the following circumstances:

• Voters’ place of work or residence is geographically dispersed;
  
  
• The vote involves a union with a massive affiliation; or
  
  
• The vote is intended to be carried out simultaneously in two or more states.