For the first time in history, the U.S. is preparing to file a labor case against a trade agreement partner, U.S. Trade Representative Ron Kirk announced Friday.

“Today, I am announcing that the Obama administration will file a case against Guatemala under our trade agreement with Central America and the Dominican Republic, for apparent violations of obligations on labor rights,” Kirk said in a speech, according to AFP.

According to the USTR’s website, Guatemala has failed to live up to its obligations under CAFTA by not enforcing labor laws guaranteeing the right to association and the right to organize and bargain collectively. In addition, the Guatemalan government has failed to provide its citizens with acceptable working conditions.

“We want to see the Government of Guatemala take specific and effective action – including, if appropriate, legislative reforms – to improve the systemic failures in enforcement of Guatemalan labor law,” Ambassador Kirk said.

Kirk said Guatemala’s lack of enforcement of labor laws forces Americans to compete against sub-standard labor practices, which tilts the playing field in favor of Guatemalan workers.

“We are sending a strong message that the Obama Administration will vigorously enforce labor obligations under U.S. free trade agreements,” U.S. Labor Secretary Hilda Solis said in a press release. “We are committed to ensuring that U.S. businesses and workers compete on a level playing field and that labor rights are respected in our trading partner countries.”

Not only are U.S. trade officials concerned about the lack of labor rights enforcement in Guatemala, but reports of violence against unionists have raised eyebrows as well. The USTR’s website states that Guatemalan officials have failed to protect those threatened with physical harm for unionizing activities and have failed to investigate or prosecute those involved in the violence.

“The issue of labor-related violence is a matter of serious concern to the United States,” Kirk said. “Our request for consultations also expresses our grave concerns about this problem and indicates that we intend to take this issue up with the Government of Guatemala in the near future.”

The labor case stems from a 2008 complaint filed jointly by the AFL-CIO and six Guatemalan labor unions. The filing of the case will trigger a 60-day formal consultation period. If no resolution is reached after 60 days, U.S. officials can request a meeting of CAFTA’s free trade commission. If that body is unable to resolve the dispute in 30 days, the case would reach the final step, a dispute settlement panel.

“With this case, we are sending a strong message that our trading partners must protect their own workers, that the Obama administration will not tolerate labor violations that place U.S. workers at a disadvantage,” Kirk said.

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