Wednesday, March 27, 2013

Today in Labor History


Mother Jones is ordered to leave Colorado, where state authorities accuse her of “stirring up” striking coal miners - 1904

U.S. Supreme Court rules that undocumented workers do not have the same rights as Americans when they are wrongly fired - 2002




Working Class Hero -- via -- www.unionist.com
U.S. Supreme Court rules that undocumented workers do not have the same rights as Americans when they are wrongly fired - 2002 ~De

Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137 (2002), was a 2002 decision of the Supreme Court of the United States, which denied an award of back pay to an undocumented worker, Jose Castro, who had been laid off for participating in a union organizing campaign at Hoffman Plastics Compounds plant along with several other employees.

The National Labor Relations Board (NLRB) found that the layoff of Castro violated National Labor Relations Act (NLRA) section 8(a) (3) on the unlawful firing of union supporters. Castro has entered the United States illegally and has also used another person's identity (a friend's birth certificate) to gain employment at Hoffman Plastics.

In a 5-4 decision with the justices divided along ideological lines, the Supreme Court interpreted the Immigration Reform and Control Act of 1986 (IRCA), which penalizes the acts of undocumented workers and provides for significant penalties to companies that knowingly employ illegal immigrants, to disallow the use of the punitive provisions of the NLRA against an employer which would benefit any person who knowingly broke immigration law. 
 

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