Reinstatement and back pay for undocumented workers to remedy employer unfair labor practices

Reinstatement and back pay for undocumented workers to remedy employer unfair labor practices

Reinstatement and back pay for undocumented workers to remedy employer unfair labor practices

O'Brien

Christine Neylon

O'Brien, Christine Neylon

Dept. of Business Law, Carroll School of Management

Author

Author

text

article

1989 1989 monographic

1989

1989

monographic

English eng

English

eng

electronic application/pdf digitized other analog

electronic

application/pdf

digitized other analog

This article examines the National Labor Relations Board’s (NLRB) remedial power with respect to undocumented aliens in light of the Immigration Reform and Control Act which increased sanctions against hiring and retaining undocumented workers. This article considers the situation in light of employee organizational efforts, and the employers’ tactical response threatening to report undocumented workers supporting the union to the Immigration and Naturalization Service. The author concludes that the NLRB may lawfully order job reinstatement for victims of unfair labor practices as long as they remain in the U.S., or are required to legally re-enter the U.S. prior to reinstatement, and employers may challenge the employee’s presence in the U.S. at the compliance stage. As immigration continues to be the subject of intense debate and legislative activity, this continues to be an important and very controversial labor and employment topic.

Version of record.

Electronic reproduction. Chestnut Hill, Mass. : University Libraries, Boston College, 2009.

Labor Law Journal 0023-6586 40 4 208 215 pp. 208-215 April 1989

Labor Law Journal

Labor Law Journal

0023-6586

40 4 208 215 pp. 208-215 April 1989

40

40

4

4

208 215 pp. 208-215

208

215

pp. 208-215

April 1989

Use of this resource is governed by the terms and conditions of the Creative Commons "Attribution-Noncommercial-No Derivative Works 3.0 United States" (http://creativecommons.org/licenses/by-nc-nd/3.0/us/)

Business Law LaborLJ-v40-OBrien-p208.pdf LaborLR-v40-cover-thumbnail.jpg

Business Law

LaborLJ-v40-OBrien-p208.pdf

LaborLR-v40-cover-thumbnail.jpg

MChB English eng

MChB

English eng

English

eng