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NEWS & LETTERS, May 2002
Illegal firing now OKChicago— The Supreme Court
decided 5-4 in favor of Hoffman Plastics Compounds against the National Labor
Relations Board (NLRB) on March 27 to deny back pay to a worker who had been
illegally fired for union organizing. After he was fired, Jose Castro admitted
that he had entered the United States without documentation and had used a
friend’s Texas birth certificate to gain employment. The Supreme Court said that
Castro himself had performed illegal acts, gaining employment being one of them,
and had violated immigration policy. The entire argument is that these other
laws take precedence over labor law, in a country in which the activity of labor
is seen as having little value, but is normally seen as a cost. Mr. Castro was denied his right
to back pay because of his "illegal" activities. The company was given
less than a slap on the wrist, required to post a notice detailing its prior
unfair practices. In effect, violating labor law doesn’t cost you anything. While the cowardly politicians
and reactionaries have used the crimes of September 11 to burden immigrants with
greater restrictions, labor and the Left must insist that the actions of a few
cannot delegitimize the humanity of the many who come to the United States
looking for work. Since this case changes the way the NLRB treats immigrant
workers, it is necessary that a greater effort be made to change the legal
regime for immigrants and their families. We must demand “Amnesty Now.” —D. D. |
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