July 13, 1998 Steelworkers Sue Over NAFTA Vote ______________________________________________________________ Filed at 5:39 p.m. EDT By The Associated Press WASHINGTON (AP) -- Arguing that the North American Free Trade Agreement is actually a treaty, steelworkers and an allied group asked a federal judge Monday to rule NAFTA unconstitutional because it wasn't approved by a two-thirds vote of the Senate. The United Steelworkers of America and the Made in the USA Foundation filed suit in Birmingham, Ala., in the latest attempt to shelve NAFTA. The Clinton administration got NAFTA approved as a trade agreement by majorities in both the Senate and House in 1993. The union and other NAFTA foes argue that various provisions of NAFTA -- including elimination of tariffs and the creation of an arbitration panel -- make it a treaty as defined by the U.S. Constitution. The Senate approved NAFTA 61-38, enough for a trade agreement, but short of the two-thirds margin needed for a treaty. ``What we need to do is wipe NAFTA off the books -- clean,'' George Becker, president of the 750,000-member steelworkers union, told a news conference in Washington. He said NAFTA ``has been an unmitigated disaster'' that companies are using as a weapon ``to beat unions down.'' A White House spokesman, Barry Toiv, said there was a ``long and well-established process'' of approving trade agreements by simple majorities of both houses of Congress. The lawsuit claims NAFTA has led to the loss of 400,000 American jobs, including 1,000 at the Huffy bicycle plant in Celina, Ohio. The company recently announced it was closing its plant there and would import more bicycle parts from Mexico and Asia to make up the difference. Jim Folk, president of the steelworkers local in Celina, said many of the workers are close to retirement age and will have a difficult time finding new work. Some 750 will be laid off at the end of July. ``It's a rural part of the state,'' he said. ``I don't think we can absorb 750 well-paying jobs.'' The suit was filed in Alabama because about 250 workers have lost their jobs at a Goodyear plant in Gadsden, Ala. Harvard Law School professor Laurence Tribe, who argued in a 1995 law review article that certain trade agreements are actually treaties, said in a telephone interview that NAFTA ``almost certainly'' should be considered a treaty. ``It's not like a bilateral agreement that leaves international obligations unchanged,'' he said. ``On the contrary, it's a major and enduring commitment to elaborate mechanisms of mutual enforcement which seem to me to implicate the treaty clause.'' Copyright 1998 The New York Times Company The information contained in this AP Online news report may not be republished or redistributed without the prior written authority of The Associated Press.