National Labor Relations Act Case Study

Decent Essays
The National Labor Relations Act was enacted to correct the labor relations unrest in the United States in the mid 1930’s (Vogel, 1998). The NLRA protects a firm’s employees from unfair employment practices. The law secures the rights of employees to unionization and elect leadership to represent their interests to management (Cameron, 2009). If an employer is found to have unlawful terminated an employee, an organization can be compelled to reinstate the employment for the affected employee. The employment reinstatement often times includes back pay for lost wage for the time the employee was off work. The NLRA protects employee from employer retaliation when they are engaged in lawful union or organizing activities. When an employee is hired…show more content…
The intent was the law was to protect jobs from workers who were not legally authorized to work in the United States. Before the IRCA passed, the supreme court provided union legal protections and remedies for illegal aliens. Under the IRCA employers are not allowed to hire that are not unlawful authorized to work in the United States. This passage of this law was in direct conflict with of the labor relations rights under NLBA. The court system has not clearly defined what the status is of the illegal aliens already employed here in the U.S. would be. The questions is are illegal aliens considered the same as any other employee at an organization with the protection of the NLRA. The court systems have given differing opinions on how to handle the labor relations rights of undocumented immigration since many of those same right conflict with the IRCA. This case involves an employer that hired illegal aliens. The employer initially agreed to the NLRA settlement to reinstate the unlawful terminated employees and provide back back pay. There was not a dispute of the fact there employees were wrongfully terminated since they employer voluntary submitted to the NLBA…show more content…
R. (2009). The Borders of Collective Representation: Comparing the Rights of Undocumented Workers to Organize Under United States and International Labor Standards. University Of San Francisco Law Review, 44(2), 431-457.

Vogel, D. L. (1998). The Immigration Reform and Control Act's Potential Effects on Remedies Available to Illegal Aliens Under the National Labor Relations Act: Revisiting Sure-Tan v. National Labor Relations. Labor Law Journal, 49(5),
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