Article 897-F Federal Labor Law

If the recount of the employees is offered, in order to prepare its taking through personal, free, direct and secret vote, the Court shall carry out the following proceedings:

I.In order to define the employees who have the right to vote, within the two days following the receipt of the complaint, it shall require:

a)From the Mexican Social Security Institute (IMSS) or homologous social security institution, Tax Administration Service (Servicio de Administración Tributaria), National Workers' Housing Fund Institute (INFONAVIT) and other authorities that by the nature of their activity may have information on the employees of the work center, the information necessary in order to prepare the list that will serve as the basis in the recount evidence; this information shall cover the period of three months prior to the date of filing of the complaint;

b)From the employer, so that under protest of telling the truth, it reports the name of all its employees, distinguishing those in positions of trust, those eligible for unionization and those unionized, in addition to specifying position, wage and date of entry. Likewise, it shall indicate the names of the employees who have entered to work, have been dismissed or have ceased to provide their services three months prior to the date of filing of the complaint, and shall attach a copy of the collective employment contract;

c)From the Federal Center for Labor Conciliation and Registry (Centro Federal de Conciliación y Registro Laboral), the documentation and information relating to the registration of the collective contract or of the administration of the contract-law, wage scales, lists of employees affiliated with the contending labor unions and all information it possesses.

This information must be delivered to the Court within the term of five days. With a copy thereof, service shall be made on the parties so that within the term of seven days they formulate objections to the reports received and to the lists of employees, as well as so that they offer, if applicable, the evidence available to them to support their objections;

II.Once the objections have been received or the term therefor has elapsed, the Court shall summon the parties within the following three days to an incidental hearing of objections and preparation for the recount. At said incidental hearing the Court shall rule on the admission and taking of the documentary evidence that the parties have offered.

Once the documentary evidence has been taken, within the seven days following the issuance of the respective order, the Court shall prepare the list that will serve as the basis for the recount, and shall indicate the place, date and hour, as well as the conditions under which the recount of the employees shall be taken through personal, free, direct and secret vote, in accordance with the procedure established in article 390 Bis, section II, subparagraphs c) to j), of this Law, with the modalities contemplated in this article; in said order the judge shall empower the official or officials or personnel who must carry out the recount procedure.

The judge shall guarantee that the recount procedure is carried out in the terms and periods established in this article and that the objections presented do not entail the delay of the proceeding;

III.The Court shall serve the parties with the authorized list and with the order in which the taking of the recount is ordered, and

IV.Once the recount has been taken, the Court shall summon the parties to the trial hearing provided in article 897-C of this Law, which must be held at the latest within the following five days.