On the Border: The NLRB's Entry into Immigration Issues -- The Employer's Perspective
29 A.B.A. Journal of Labor & Employment Law 505 (2014) (Univ. of Minn.)
32 Pages Posted: 31 Jan 2014 Last revised: 19 Dec 2014
Date Written: August 1, 2014
This article explores the intersection between immigration law and the NLRA, including both laws’ focus on employers’ rights and obligations. It includes, in Part I, a description of the balance, and sometimes conflict, that has existed between immigration law and policy under the NLRA as interpreted by court and administrative decisions; in Part II, some of the practical problems that the lack of immigration reform causes the Board and employers when they address situations where both areas of law are implicated, along with some practical guidance for addressing those problems; and in Part III, a brief summary of the proposed federal immigration legislation that many hope will resolve these conflicts and leave employers and employees with clearer guidance about their rights and obligations under both bodies of law.
Keywords: National Labor Relations Board, Immigration Reform, Immigration Reform and Control Act, Immigration, labor law, employment rights, undocumented worker, immigrants, workers rights
JEL Classification: K31, K23, K30, K20, K39
Suggested Citation: Suggested Citation