United States-Peru Trade Promotion Agreement Notice of Determination Regarding Review of Submission #2010-03

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The Office of Trade and Labor Affairs (OTLA) gives notice that on July 19, 2011, Submission 2010-03 was accepted for review pursuant to Article 17.2 of Chapter 17 (the Labor Chapter) of the United States-Peru Trade Promotion Agreement (PTPA). The submission was filed with OTLA on December 29, 2010, by a Peruvian union, the Sindicato Nacional de Unidad de Trabajadores de Superintendencia Nacional de Administraci[oacute]n Tributaria (SINAUT- SUNAT). The submission alleges the Government of Peru has violated Article 17.2 of the Labor Chapter of the PTPA by failing to adopt and maintain in its statutes and regulations, and practices thereunder, the effective recognition of the right to collective bargaining as stated in the International Labour Organization's Declaration on Fundamental Principles and Rights at Work and its Follow-Up. SINAUT-SUNAT alleges that the employer, Superintendencia Nacional de Administraci[oacute]n Tributaria (SUNAT) has refused to negotiate in good faith and engage constructively at various stages of the collective bargaining process, as required by Peruvian law. These allegations are supported by facts which, if substantiated, could demonstrate that the Gover