Stephen Kho and Brian Patterson Quoted in International Trade Today on First-Ever Filing of Rapid Response USMCA Complaint

International Trade Today has quoted Akin Gump international trade partner Stephen Kho and labor and employment partner Brian Patterson in the article “First Rapid Response USMCA Complaint Filed; Lawyers Consider Potential Mexico Reaction.” The article reports on the potential outcome of the first complaint to be filed under the U.S.-Mexico-Canada trade agreement targeting a particular workplace.

According to the article, the complaint filed against an auto parts factory in Mexico, alleges that the company in question fired workers who supported a union there. It also claims that the company ignored workers’ requests to stop paying dues to the union that currently represents them, which the AFL-CIO says is closely tied to the company and not an independent voice for workers.

Kho said it was expected that the first rapid response case the United States pursued “would have to be a slam dunk. It would have to be one that is above reproach and that has all the evidence in place. And it would establish the bona fides of this new mechanism that had never been used before. We haven’t seen the complaint and all we have is a bunch of articles and a press release that talks about how bad things are, but we haven’t seen anything that backs that up.” He added that he hopes the process “becomes a bit more transparent.”

Patterson stated that if workers were fired because of their support of a union, then that could be a violation of freedom of association. But he said none of the facts are known yet. “Certainly there could be other reasons workers were terminated.”

If it is determined that the complaint has substance, the article says the Office of the U.S. Trade Representative will ask Mexico to review the conditions for workers at the factory.

Patterson said, “If a positive determination is made, I would expect them to provide the reasoning behind [the firing]. Certainly with it being the first case, I’d be surprised if they didn’t.”

Last year, Kho and Patterson co-authored an Akin Gump client alert on the USMCA’s Facility-Specific Rapid Response Labor Mechanism. To learn more, please click here.