August 21, 2025
WASHINGTON – A Rapid Response Labor Mechanism (RRM) panel established under the United States-Mexico-Canada Agreement (USMCA) found in favor of the United States in a determination regarding a labor dispute between Atento Servicios (Atento) and Sindicato de Telefonistas de la República Mexicana (STRM), a Mexican labor union, at the Atento call center in the Mexican state of Hidalgo. This is the first denial of rights determination by an RRM panel, and the first successful labor case under the dispute mechanism of any trade agreement.
The Panel found a Denial of Rights occurred at the Atento call center. After a thorough review, the Panel found that the evidence “undoubtedly proves Atento’s wrongful interference and anti-union discrimination,” including by creating “a climate of fear” through “a series of interventions made by multiple individuals over several months.” The Panel highlighted Atento’s “anti-union discrimination against the entire STRM leadership,” resulting in “the decapitation of the coalition,” which it found to be a “serious violation.”
Furthermore, the Panel found that the actions taken by Mexico were not sufficient to remediate the Denial of Rights, especially “in view of the gravity, duration and structural nature of the denial” because Mexico’s actions “did not change the labor climate.”
“Today’s determination underscores the United States’ commitment to ensuring that labor rights are properly enforced under USMCA to ensure a level playing field,” said the United States Trade Representative, Ambassador Greer. “I am grateful to all who contributed to this investigation and successful outcome. The United States will continue to use this innovative and effective dispute settlement mechanism to protect American businesses and workers and promote fair trade.”
Background
The United States Trade Representative and the Secretary of Labor co-chair the Interagency Labor Committee for Monitoring and Enforcement (ILC). On November 28, 2023, the ILC received an RRM petition from STRM. The ILC, in response to the petition, determined that there was sufficient, credible evidence of a denial of rights enabling the good faith invocation of enforcement mechanisms. As a result, the United States Trade Representative submitted a request to Mexico that Mexico review whether workers at the Atento call center were being denied the right to freedom of association and collective bargaining, because Atento had interfered in workers’ union activities, including by dismissing STRM organizers due to their union activity, threatening workers with reprisals, and otherwise coercing workers to withdraw their support for STRM and instead join the Sindicato Nacional Presidente Benito Juárez de la Industria de la Comunicación de la República Mexicana, the incumbent labor union.
At the conclusion of its 45-day review period, Mexico found that a denial of rights occurred at the facility, but that Atento had taken the necessary measures to remediate the denial of rights. The United States disagreed with this determination and, on April 16, 2024, requested the establishment of this RRM panel to verify the facility’s compliance with Mexican labor laws and determine whether workers at the Atento call center were being denied the rights to freedom of association and collective bargaining. After receiving written submissions from the disputing parties, the Panel conducted a verification on May 12-14, 2025, and held a hearing in Mexico City on May 15-16, 2025. The RRM panel issued its written determination to the Parties, and on August 21, 2025, the Parties made the determination public.
The determination of the Panel is final. A provisional translation of the Panel determination is available here. The final translation of the report is forthcoming.
CONTACT: media@ustr.eop.gov
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