NLRB remedies for undocumented workers

Abstract

This article addresses immigration issues, in the context how the National Labor Relation Board is to handle unfair labor practices against undocumented immigrants who support union activities. There were two leading cases construing the legality of employer threats of deportation. In addition, the immigration and Nationality Act impacts these decisions. The article reconciles the competing goals of our law, namely the: National Labor Relations Act, and the Immigration and Nationality Act, along with the most recent law on immigration and employer responsibility, the Immigration Reform and Control Act. This article concludes that the National Labor Relations Board may order reinstatement for victims of unfair labor practices if they are in the United States, but that no such remedy is availing for those not lawfully in the United States.