Firms must meet with unions formed by illegal workers

[Omaha Steve]

http://www.azcentral.com/abgnews/articles/0110abg-labor0110.html

Appeals court split on ruling

Howard Fischer
Capitol Media Services
Jan. 10, 2008 12:00 AM

Companies can't refuse to negotiate with unions even if they find that many of the laborers who formed them are in this country illegally, a federal appeals court has ruled.

In a split decision, the majority acknowledged that the 1986 federal Immigration Reform and Control Act makes it illegal for any firm to knowingly employ undocumented workers. And that law requires companies to fire any worker who is not authorized to be here.

But Judge David Tatel, who wrote the majority opinion, said that doesn't mean the union, formed before the company discharged the illegal workers, is not valid. More to the point, he said the firm cannot now refuse to bargain with that union.

That conclusion irked Judge Brett Kavanaugh, who said the company should be able to overturn what he said was a "tainted union election."

The case involves Agri Processor Co., a New York firm that deals in kosher meats.

But the ruling is significant nationwide because it was handed down by the Court of Appeals for the District of Columbia, which adjudicates disputes over the National Labor Relations Act.


FULL story at link.

[MercutioATC]

1. Akkkk! Illegal immigration meets labor issues!

I'm pretty conservative with immigration issues, but I'm a big supporter of organized labor.

I'm conflicted.

[Adsos Letter]

2. Same cognitive dissonance here...

the starting point has to be on those who hire illegal immigrants, imho...otherwise, it just becomes another tool to abrogate current immigration laws.

[angrycarpenter]

3. too many mexicans are virtual slaves to the meat industry.

A chicken plant in Alabama told the primarily white workers that everyone had a weeks paid vacation while the company fixed the dangerous outdated equipment that was the source of many accidents. All they did was build a large security gate and inform everyone by mail that they were fired.

When the plant reopened a week later buses came with new mexican workers to fill the plant.

There is now razor wire topping the fence. No equipment was changed. No heater was fixed. When workers are injured they keep quiet fearing being reported to immigration.

[Adsos Letter]

4. Thankyou for the example...

...as I said, I have cognitive dissonance about this because of the complexity of issues involved. I worked in construction for 30+ years and saw the workforce shift rapidly to a high percentage of illegals...and there were impacts on wage structures, based mostly on the underlying attitudes of employers which your post points out, and commensurate attitudes toward worker rights...

I struggle with this, believe me...I know people come here because life at home is miserable: who can blame someone for that? I also know that employers (many, but not all) abuse and use these people's illegal status to avoid legal protections for workers on a whole gamut of issues.

I also witnessed and experienced the impact ILLEGAL immigration had on my industry...

If we are going to stay with the current set of immigration laws then we have to crack down on the employers...I believe this is the crux of the issue.

I sincerely wish there were a way to apply heavy pressure on the Mexican and Central American governments to fight their inherent corruption and invest in the future of their citizens.

As I see it now, the US and Mexico are engaging in a structure of convenience: the US gets cheap labor, and the Mexican government gets a "relief valve" for tensions and resentment which might otherwise force social change.

[angrycarpenter]

5. Walmart helps too

They allow them to cash their payroll checks there with no ID. Baning Walmart from doing this will have an immediate impact on the situation.