Since 1943, the National Labor Relations Board has extended rights guaranteed to employees under the National Labor Relations Act to illegal aliens. In Sure-Tan v. NLRB, the United States Supreme Court for the first time reviewed this practice, approving it and noting that reporting illegal alien employees to the Immigration and Naturalization Service (INS) might constitute an unfair labor practice. Awarding a remedy of back pay was, however, improper as speculative. The author examines the Supreme Court's analysis of the decision and explores its future impact.
Carl M. Howard
Striking a Balance among Illegal Aliens, the INA, and the NLRA: Sure-Tan v. NLRB,
12 Pepp. L. Rev.
Available at: http://digitalcommons.pepperdine.edu/plr/vol12/iss3/3