Resolution to delegate the implementation of the tasks hereby describe to the individual holding the duties of Head of the Liaison Unit for the Reform of the Labor Justice System of the Ministry of Labor and Social Welfare
On September 4th, of 2019, a resolution signed by the Secretary of Labor and Social Welfare, Luisa Maria Alcalde Lujan, was published in the Official Gazette of the Federation, to delegate legal powers and attributions foreseen in the “Protocol” to the head of the Liaison Unit for the Reform of the Labor Justice System of the Secretary of Labor and Social Welfare, “with the purpose of providing efficient attention and follow-up by the Secretary of Labor and Social Welfare, with respect to the procedure foreseen in the Protocol”.
The faculties and attributions that were granted were the following:
- Determine whether there are inconsistencies between the information provided by the promoting union in its consultation notice, and, if there are, request the union to remedy them.
- Request necessary information from the employer or authorities in order to verify the list of workers with voting rights submitted by the union.
- Request the intervention of an inspector in the verification of the procedures when the union requires it or when the verification is considered pertinent.
- Declare the procedure null and void if the information in the verification report or record is inconsistent with the substantive facts of the procedure.
- Issue the legal certification to the holder of the collective bargaining agreement.
- Request the Arbitration Boards to exhort the unions to deposit their contracts before them for their legitimation in accordance with the protocol.
- To grant the corresponding authorization for the issuance of the announcement for consult process of the unions.
- Resolve cases not foreseen in the protocol.
- Any other powers granted by other legal provisions.
In addition, it is established that the head of said unit may rely on the assistance of other departments within the Ministry of Labor. Finally, the head of the Ministry of Labor and Social Welfare expressly indicated that the fact that she delegates the powers through this resolution does not exclude her from exercising them directly.
This resolution entered into force the first day after its publication.