Updated Procedures in Addressing Immigration Status Issues that Arise During Unfair Labor Practice Proceedings
The NLRA protects all employees covered by the Act regardless of immigration status; however, immigration status issues may affect remedies and present certain obstacles for enforcing the Act. This memorandum provides updated procedures that will apply when immigration status issues are raised during NLRB investigations and proceedings. 1 The new procedures require that Regions immediately contact the assigned representative(s) in the Division of Operations-Managemenf as soon as they become aware, in any stage of a case,that immigration status issues may impact our ability to remedy or litigate a potential unfair labor practice violation. Operations-Management will: (1) provide technical assistance; (2) determine
whether interagency engagement could assist in the effectuation of the Act; (3) discuss with the
Region and/or request that the Region submit to Advice whether it is appropriate to seek certain
additional remedies; and (4) coordinate the agency’s response to these issues..
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