USMCA Rapid Response Labor Mechanism Panel Finds “Severe” Denial of Rights at Orla Mining’s Minera Camino Rojo Facility

WASHINGTON - In a determination published today, a Rapid Response Labor Mechanism (RRM) panel established under the United States-Mexico-Canada Agreement (USMCA) found a "severe" denial of labor rights at Camino Rojo, a gold and silver mine owned by Canada-based Orla Mining, Ltd.

"Today's determination further underscores the important role of the RRM in leveling the playing field for American workers and ensuring that facilities in Mexico cannot gain an unfair advantage by violating workers' rights to freedom of association and collective bargaining," said the United States Trade Representative, Ambassador Jamieson Greer. "I intend to continue to use the RRM to the fullest extent to enforce Mexico's labor obligations under the USMCA."

Specifically, the Panel found that Camino Rojo interfered in the union activities of its workers through its intervention and discriminatory attitude favoring its preferred union, the Minas Union, over the then-incumbent union at the mine, Los Mineros. The Panel further observed that Camino Rojo's interference was "aggravated" by acts of coercion and intimidation intended to force Camino Rojo workers to disaffiliate from Los Mineros and join the Minas Union, and the Panel noted that the success of this effort "implies a serious violation."

The Panel characterized Camino Rojo as the "main promoter in the Denial of Rights" at the mine, given its facilitation of activities to achieve the disaffiliation of the workers from Los Mineros. The Panel noted further that Orla Mining and Camino Rojo's awareness of organized crime in the area of the mine increased its responsibility to protect workers' rights.

Furthermore, the Panel found that the actions taken by Camino Rojo "were insufficient to remediate the consequence of the employer interference in union affairs and threats reported by the Mineros Union," because the interference in union affairs, acts of violence, threats and arbitrary dismissals linked to union preferences "were sufficient to create a climate of fear among the workers at the mine due to the possibility of suffering possible effects in the event that they did not support the union preferred by their employer."

As possible remedies for these violations, the Panel proposed: (1) a public apology; (2) various steps to ensure full freedom of association and collective bargaining; (3) actions to ensure neutrality at the mine in the treatment of unions; (4) various management commitments to promote worker rights at the facility, such as disciplinary measures and strengthening zero-tolerance policies; (5) reinstatements, indemnifications, compensations, and an indemnity guarantee; (6) additional security measures; (7) training; (8) commitment to prevent recurring violations; and (9) steps to ensure the rights of Los Mineros (e.g., allowing members of Los Mineros access to the mine and the ability to enter into communication, without undue delay, with management of the company, and allowing the posting of union notices).

Background

The United States Trade Representative and the Secretary of Labor co-chair the Interagency Labor Committee for Monitoring and Enforcement (ILC). On June 24, 2024, the ILC received a RRM petition from the Sindicato Nacional de Trabajadores Mineros, Metalúrgicos, Siderúrgicos y Similares de la República Mexicana (Los Mineros) alleging a denial of rights at Minera Camino Rojo, S.A. de C.V., a mine owned by Canada-based Orla Mining, Ltd., which produces gold and silver in the Mazapil municipality in the Mexican state of Zacatecas. The ILC reviewed the petition and 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 Camino Rojo mine were being denied the rights to freedom of association and collective bargaining, because Camino Rojo and Minas Union intervened in workers efforts to support, join, or engage with Los Mineros, the representative union at the facility. These actions included threats of physical violence, actual physical violence, threats of dismissals, threats of reprisals, offers of preferential treatment, and coercion or pressuring of workers to support Minas or refrain from supporting Los Mineros.

At the conclusion of its 45-day review period, Mexico issued a report with a limited finding of a Denial of Rights at the Facility. The United States has consulted in good faith with Mexico but was unable to agree upon a course of remediation. On December 12, 2024, the United States requested the establishment of this RRM panel to verify the facility's compliance with Mexican labor laws and determine whether workers at the Camino Rojo mine were being denied their rights to freedom of association and collective bargaining. After receiving written submissions from the disputing parties, the panel conducted a verification on December 16 and 17, 2025, and held a hearing in Mexico City on December 18 and 19, 2025. The RRM panel issued its written determination to the Parties, and on March 26, 2026, the Parties made the determination public.

The determination of the Panel is final. A copy of the Panel determination is available here.

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