Tuesday, November 18, 2008

Supreme Court Takes Pass on NLRB Undocumented Workers Case

4united_states_supreme_court_112904 The United States Supreme Court decided yesterday to deny certiorari in an NLRB case concerning whether undocumented workers are considered employees under Section 2(3) of the NLRA.  Both the NLRB and the D.C. Cir. found that they were in Agriprocessors v. NLRB.  The issue about the status of the undocumented workers became important because the company refused to bargain with the union once it won the election because 17 out of 21 employees were challenged as being in the United States illegally.

Agriprocessors, a company that specializes in the production of kosher meats, has also been in the news lately after the company was raided by the government based on the employment of a large number of undocumented workers and after its top offcials were arrested for lying about its workers citizenship status.

This is an interesting case because it can be contrasted with the view that the Supreme Court took in the case of Hoffman Plastics, in which the Court held that undocumented workers who were illegally fired under the NLRA could not seek backpay.

Like everything else in this area of the overlap of immigration law and labor law, it is unlikely this is the last we have heard about this issue.

PS

https://lawprofessors.typepad.com/laborprof_blog/2008/11/supreme-court-t.html

Labor Law | Permalink

TrackBack URL for this entry:

https://www.typepad.com/services/trackback/6a00d8341bfae553ef010536009a14970c

Listed below are links to weblogs that reference Supreme Court Takes Pass on NLRB Undocumented Workers Case:

Comments

Post a comment