JFCA Validates SNTMMSSRM’s Strike at El Sombrerete

The Federal Board of Conciliation and Arbitration (JFCA) ruled that a settlement agreement between Grupo México and a coalition of workers, who are not affiliated with the National Union of Mining, Metallurgical, Iron, Steel, and Similar Workers (SNTMMSSRM), is illegal. This decision upholds the legality of the strike at the San Martin mine, which has been ongoing since July 2007.

SNTMMSSRM, led by Senator for Morena Napoleón Gómez Urrutia, achieved a legal victory regarding the San Martin mine in Sombrerete, Zacatecas. The JFCA’s decision is a setback for Industrial Minera México, a subsidiary of Grupo México. The ruling confirms that the strike, which began on July 30, 2007, due to alleged violations of the collective bargaining agreement and safety concerns, remains legal and in effect.

Nahir Velasco, Legal Coordinator SNTMMSSRM, noted that the JFCA invalidated the agreement reached on Aug. 22, 2018, which was intended to end the strike. The authority determined that the agreement was unconstitutional.

JFCA had previously annulled a decision from Aug. 23, 2018, which had declared the strike terminated under the disputed agreement. Despite Grupo México's negotiations with a coalition of 253 workers, SNTMMSSRM-led strike remains upheld.

The Labor Panel of the Rapid Response Mechanism (RRM) had declined jurisdiction over the strike, indicating that labor rights violations can only be addressed if they occurred after USMCA's implementation and the 2019 labor reform, as reported by La Jornada. “Thus, the Mexican Government concludes that the conflict at the San Martin mine in Sombrerete, Zacatecas, is approaching a final resolution within Mexican judicial institutions, as it falls outside the scope of RRLM under the USMCA. The government reiterates its commitment to uphold and enforce the rights of Mexican workers in accordance with national laws and authorities,” reads a government press release on the issue.

Gómez Urrutia and Mining Labor Disputes 

The strike at El Sombrerete mine is one of the three unresolved mining conflicts in the country in which Gómez Urrutia is involved. On Nov. 10, 2023, MBN reported that Gómez Urrutia urged the Ministry of the Interior (SEGOB), the Ministry of Economy (SE), and the Ministry of Labor and Social Welfare (STPS) to address labor disputes within the union’s sections 17 in Taxco Guerrero; 65 in Cananea, Sonora; and 201 in Sombrerete Zacatecas. Gómez Urrutia emphasized the need to resolve these issues within the current presidential term.

Gómez Urrutia was also involved in Newmont’s Peñasquito strike in Zacatecas, which began on June 7, 2023, and ended on Oct. 5, 2023. The strike led to a significant reduction in gold output, affecting both Newmont and Zacatecas. According to MBN, Zacatecas was the largest gold producer in Mexico in 1H23, with a production of 682,525oz. However, the impact of the strike became apparent in June 2023, when production fell sharply by 72% to just 34,043oz.