Reinstatement and Back Pay for Undocumented Workers to Remedy Employer Unfair Labor Practices

Labor Law Journal, Vol. 40, No. 4, pp. 208-215, April 1989

10 Pages Posted: 27 Oct 2009

See all articles by Christine Neylon O'Brien

Christine Neylon O'Brien

Boston College - Carroll School of Management

Date Written: October 26, 1989

Abstract

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.

Suggested Citation

O'Brien, Christine Neylon, Reinstatement and Back Pay for Undocumented Workers to Remedy Employer Unfair Labor Practices (October 26, 1989). Labor Law Journal, Vol. 40, No. 4, pp. 208-215, April 1989 , Available at SSRN: https://ssrn.com/abstract=1494722

Christine Neylon O'Brien (Contact Author)

Boston College - Carroll School of Management ( email )

140 Commonwealth Avenue
Business Law Department
Chestnut Hill, MA 02467
United States
(617) 552-0413 (Phone)
(617) 552-0414 (Fax)

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