Trade Unions in Mexico: Key Concepts and FAQ

Posted on Feb 9, 2025 in Law & Jurisprudence

1. Difference Between Union, Federation and Coalition

(I think it’s coalition; a federation is the grouping of trade unions)

Coalition: A temporary arrangement formed by a group of no less than four employees or two employers. Its aim is to defend a common interest. It requires no registration, is not a holder of a collective agreement, is not formally the holder of the right to strike, and is not a legal person.

Union: A permanent association consisting of 20 or more workers or three or more employers. Workers must work for the same employer. Its purpose is to study, improve, and defend their interests. It must register with the STPS (Ministry of Labor and Social Welfare) if it is federal, or the local JLCA (Local Conciliation and Arbitration Board) if it is the owner of a collective contract. It exercises the right to strike and requires a formal structure.

Federation: A grouping of trade unions.

2. Requirements for Union Statutes

Union statutes should include the following:

  1. Name that distinguishes it from others;
  2. Address;
  3. Object;
  4. Duration. Failing this provision, the union shall be constituted for an indeterminate time;
  5. Conditions of membership;
  6. Obligations and rights of partners;
  7. Grounds and procedures for expulsion and disciplinary measures;
  8. Manner of convening the assembly, time of celebration of the ordinary meetings, and required quorum. If the leadership does not convene the meetings provided for in the statutes in a timely manner, workers representing at least 33% of the total members of the union or section may request that the leadership convene the assembly. If the leadership does not do so within a period of ten days, the applicants may make the call themselves;
  9. Procedure for the election of directors and its membership;
  10. Duration of the leadership;
  11. Rules for the administration, acquisition, and disposition of property belonging to the union.

3. Example of a National Union

Trade unions must register with the Ministry of Labor and Social Welfare (STPS) when federal jurisdiction exists, such as when a company has facilities in two or more states. The role of the STPS is administrative and it does not resolve conflicts.

4. What Happens When There is no Minimum Number of Workers for a Union?

Registration may be refused if the union is not set up with the number of members specified in Article 364. Unions must be formed with twenty workers in active service or three employers, at least. To determine the minimum number of workers, those whose employment had been terminated within thirty days prior to the filing date of the registration of the union will be taken into consideration.

(Not if it relates to this, or if a union takes title to the contract by having more workers than another, which has less loss) – This part seems to refer to a situation where one union might lose its status as the collective bargaining representative if another union gains more members.

5. White Union and Class Union

White Union (Sindicato Blanco): It is legal, but acts under the order of the employer. It exists so the employer has control, and if other workers want to register for ownership of the contract, they will encounter the existing white union.

Class Union (Sindicato de Clase): Refers to a union that cannot have both workers and employers as members, as they have different goals. Employees seek better working conditions, while employers have an economic interest.

6. Differences in General Association and Professional Association

General Partnership: It belongs to all individuals, is an individual right, is a general law, and is a claim against the state.

Professional Association: It belongs exclusively to workers and employers, is a class right, is a special right, and is a right of one class against another, although it is also a claim against the state.

7. Who Holds the Right to Strike and Collective Bargaining?

Coalition: Is formally the holder of the right to strike.

Union: Holds the collective bargaining agreement or is the administrator of the compulsory contract or law.