NLRB Chairman: New Penalties Needed for Union-Busting of Undocumented Workers
http://inthesetimes.com/working/entry/14103/exclusive_nlrb_chairman_mark_pearce_special_remedies_undocumented_hoffman_m/
Monday Oct 29, 2012 2:21 pm
By Josh Eidelson
NEW YORK CITYNational Labor Relations Board Chairman Mark Pearce says his agency could pursue new remedies to punish employers who retaliate against undocumented immigrants for organizing. Last year Pearce interpreted a 2002 Supreme Court decision to rule out back pay as a remedy in such cases, limiting the NLRB's options of financial penalties.
Interviewed Friday by Working In These Times, Pearce called the tension between immigration law and labor law extremely frustrating, and the tools available for protecting undocumented workers against employer crimes insufficient."
The concept of made whole by us needs to be examined, said Pearce, referring to a legal guideline for NLRB remedies. Perhaps there are things within that concept that we can utilize. Now I cant articulate what they are, because weve got to consider it.
Pearce made these comments following a forum hosted by Cornell University's ILR School. In his remarks to the assembled attorneys, Pearce said he had angst over his ruling in the NLRBs Mezonos Maven Bakery case last year. In that 3-0 decision, the NLRB found that a bakery that fired a group of workers who had collectively complained about a supervisor could not be required to pay them back pay, because they were undocumented.
FULL story at link.