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Recent Jurisprudence – Power of the Conciliation and Arbitration Board to Verify the Employer in the Notice of Strike

July 11, 2013
Recent Jurisprudence – Power of the Conciliation and Arbitration Board to Verify the Employer in the Notice of Strike

The Second Chamber of the Supreme Court of Justice of the Nation (SCJN) recently approved legal ruling number 2a./J. 57/2013 (10a.) entitled: "Strike proceeding. The Conciliation and Arbitration Board lacks the authority to verify whether the person to whom the notice of strike is addressed has the capacity of employer." In this ruling, the Second Chamber of the SCJN determined that the fact that Article 923 of the Federal Labor Law (FLL) establishes that the Conciliation and Arbitration Board will not process a notice of strike that is not prepared in accordance with Article 923 of the FLL, which establishes the formal requirements for the list of demands to begin the strike process, does not mean that such Labor Board has the power to verify whether the person to whom the notice of strike is addressed has the capacity of employer before the union, whether there is an employment relationship with such alleged employer or any other analogous legal situation. Allowing such power to exist, according to the Second Chamber, would exceed the Labor Board's power for review granted to it by the FLL at this stage. This ruling was approved and resolves contradictory legal rulings previously issued by the Third and Thirteenth Collegiate Courts on Employment Matters in the First District and has been published in the Weekly Federal Court Reporter.

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