Illegl Immigrant Labor Be Protected Term Paper

Excerpt from Term Paper :

If the foundations of the NLRA are to be supported, the illegal worker will need to be provided with the complete display of NLRA solutions. With that said, the tension still remains.

Key Issues

Statistics do show that illegal aliens are accounting for 21% of the foreign born populace in the U.S. In 2000 with that amount snowballing to 30% by 2005(Abraham, 2002). With numbers progressively going up each year, a lot have started asking why. They want to know where are the immigrants coming from and why are there so many of them that are allowed to come into the nation. Statistics display that Mexico is the major distributor of illegal and legal immigrants ( Statistics show that more than half of the Mexicans that are living in the U.S. In the year 2000 were illegitimate (Rodriguez, 2006). By 2004, 10.5 million illegal and legal immigrants that were Mexican were living in the United States. making this the utmost invasion of foreign-born beings ever since the Mid-nineteenth century. By the time it was 2005, 56% of Mexican immigrants that came into the region were illegitimate.

Research shows that wide financial difference, a 2,000-mile boundary with the United States, Immigrants that are Mexican here who would keep people that were illegal and better job opening are many explanations why Mexico is a foremost trader of illegals. Job prospect is the main reason to settle to the United States. The appeal of having the American Dream along with a safe and secure place to live, push people to go into the United States by any means essential (Edwards, 2000). During the year of 2000, the regular hourly salaries in Mexico were merely $1.80. In the United States that amount has risen by 3 to 4 times, causing the choice to sneak into the country illegally. Seeing money like that is actually a strong incentive for them to enter the United States. Statistics have been displaying the majority of workers that are undocumented traveled to Texas, and California. Some of the states gave immigrants with access that is easy and the chance to work in the farm lands.

Research shows that with estimations of 13 million unrecognized refugees living in America, a lot find trade by doing things like working under the table type of jobs (paid in cash). Immigrants are so desperate that they will work jobs that barely pay anything (Gabriel, 2006). Normally, these kinds of jobs go to workers with that have the lowest education. Discovering U.S. citizens to achieve these kinds of jobs has been progressively tough. The pool of Americans concluding high school has gone up increasingly over the past era. Higher education necessitates companies to give wages that are higher. Illegal workers or not, companies are powerless in finding citizens who would be eager to do this kind of labor.

With such a radical growth in illegal immigrants coming into the U.S., Congress endorsed the Control Act (IRCA) and Immigration Reform and in 1986(Cimini, 2008). The Act sought to reduce business chances obtainable to unrecognized by means of worker sanctions. The Act employers that are barred from meaningfully hiring illegal employees, failing to verify occupation suitability, and knowingly continuing to employ illegal workers (Mello, 2005). Incorporated in the Act was the requisite for an afresh hired worker to finish an I-9 form, and the give providing some sort of employment eligibility confirmation to the company (Mello, 2005)

Employer/Union Rights and Obligations

The National Labor Relations Act does not allow companies from getting involved with, detaining, or forcing workers in the exercise of rights connecting to organizing, starting, assisting or joining a labor company for shared bargaining determinations, or from working together to expand footings and circumstances of service, or ceasing from any such action (Rodriguez, 2006). Likewise, labor administrations may not confine or coerce workers in the application of these privileges.

After employees decide to pick a certain union as a bargaining representative, the union and the employer and union are obligated to meet at times that are reasonable to negotiate in good faith about wages, vacation time, insurance, hours, safety practices and other obligatory subjects. Some decision-making choices such as subcontracting, rearrangement, and other operative variations may not be obligatory subjects of bargaining, nonetheless the company must negotiate about the choice's effects on unit workers (Mello, 2005). It is a partial labor practice for either party to decline to negotiate accommodatingly with the other, but various parties are not really in the business of being compelled to reach any type of agreement or even make concessions.

Employer involvement with Immigration

The NLRB made a ruling that was against the workers' request, triggering the business to write a letter to the Naturalization and Immigration and Service (INS) requesting the organization to examine the immigration position of the employees. When the INS invaded the corporation they detained the workers, who in-turn willingly left the United States to evade banishment (Holt, 2007). Sections 8(a) (1), (3) and (4) of the NLRA makes the point that upon evaluation of this case it was agreed that the company dishonored numerous sections of the NLRA act. Segments 8(a) (1), (3) and (4) of the NLRA mentions that it will be an imbalanced labor practice that is for a company to hinder with or force workers, it is considered to be unfair for a company or any type of organization to dishearten membership in any labor company, and it is partial to release or otherwise show any type of discrimination against a worker (Rodriguez, 2006). The company desecrated the Act by struggling to threaten the workers from the union, by demanding and cursing to recognize the employee's immigration position.

The research shows that the employer then showed discrimination against the employees further by calling the INS on the employees. The Supreme Court made a ruling that went in approval of the NLRB, slanting deeply on the fact that the employer disheartened workers from the union and that there was no law keeping out companies from significantly hiring unrecognized employees. In this sample, the illegal employees were covered up under the NLRA. Is this continuously the case when connecting illegal refugees? Will the NRLA continuously rule in their errand?

The Joe Castor Case

In 1989, Mr. Jose Castor was a man that was dismissed by his company called the Hoffman Plastic for contributing in union establishing actions, in the place of work. The NLRA then stepped in and made the ruling that the employer disrupted Section 8 (a) (3) of the National Labor Relations Act (Cimini, 2008). This type of Act mentions states that it is irrational for a company to release or distinguish against a worker for contributing in union doings. The NRLB made the ruling that the worker was to be restored and win back the pay. For the duration of the re-establishment hearing, Mr. Castro admitted that he was an illegal refugee and utilized documents that are forged to enter the United States and get occupation with Hoffman Plastic.

When the business heard this material he claimed that the Board did not have the power to favor back pay and the renewal of Mr. Castro. The Managerial law Judge who overheard the case made the sudden decision that the workers did really deserve to get any type of back pay because they did not meet any form of qualification (Mello, 2009). The NLRB overturned the choice and decided Mr. Castro back pay from when the information of being an unlawful refugee came to light. Sooner or later the case finally came before the Supreme Court, who in place of presiding on the subject of having come into the U.S. unlawfully as the employer contended, in its place made that the NLRB was not able to award any type of back pay to workers that are illegal workers. The Court then made the stated that awarding back pay to workers that are illegal infringed IRCA strategies (Abraham, 2002).

The Hoffman Plastics

The Hoffman Plastics situation is what really produced quite a bit of fall out with various understandings that had been coming out of the Supreme Court ruling. In the situation of the Circuit Court of Appeal for the District of Columbia and also Agri Processor Co v NLRB, everyone became divided over whether workers that had not been documented are seen as workers up under the National Labor Relations Act (Rodriguez, 2006). However, in 2005 workers of the Agri Processor Company voted to join the United Food and Commercial Workers Union (Rodriguez, 2006). In an attempt to avoid bargaining with the union, the employer ran the Social Security Numbers of the employees, discovering that several of the numbers came back belonging to different or nonexistent individuals (Cimini, 2008). The company then used this finding to assert those undocumented workers were not considered…

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