This Article examines the legal status and rights of undocumented workers under the National Labor Relations Act (NLRA). The author analyzes legislative policy and judicial decisions dealing with aliens and concludes that undocumented workers are within the coverage of the NLRA. He then addresses the question of a possible contradiction between federal labor and immigration law, but concludes that the two bodies of law are in accord. Even if such a contradiction antinomy exists, the author argues that the principles of accommodation support protection of undocumented aliens under the NLRA. The author concludes by addressing the complicated problems involved in formulating appropriate remedies for undocumented workers when unfair labor practices occur.
Jose A. Bracamonte,
The National Labor Relations Act and Undocumented Workers: The De-Alienation of American Labor,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol21/iss1/4