When labor, immigration laws clash, NLRB decides

[Omaha Steve]

http://www.businessmanagementdaily.com/articles/19656/1...

By Business Management Daily 9/9/2009 - 1:00pm Employment Law

The U.S. Department of Homeland Security recently started authorizing more raids on workplaces it suspects include undocumented workers—and employers, not the workers, are being charged with breaking the law.

That’s why employers are working harder than ever to make sure workers’ employment eligibility documents are in order.

At the same time, the National Labor Relations Board (NLRB) is taking a more aggressive stance, pushing employers to settle unfair labor practice cases and ordering them to rehire employees terminated for exercising National Labor Relations Act rights.

But what happens when those fired workers are actually ineligible to work?

Recent case: C&C Roofing faced three unfair labor practice charges, all filed by a union. The NLRB and the company agreed to settle and reinstate employees whose terminations had led to the unfair labor practices charges.

When it came time to rehire the workers, however, C&C said it couldn’t reinstate some because it now believed they didn’t have legitimate employment eligibility documents.

FULL story at link.