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Undocumented Aliens Could Participate in Union Representation Election
Description Appeals court upheld the determination of the NLRB to accept the results of a union representation election, in favor of the union, that was challenged by employer because the work status of some workers who voted had not been determined and they were subject to dismissal if they did not have proper documentation.
Topic Labor Law
Key Words Union Representation, Undocumented Aliens
C A S E   S U M M A R Y
Facts Employees at Kolkka voted in favor of having a union represent them. Kolkka protested the vote, claiming that some of the workers who voted were undocumented aliens who were about to be discharged for failing to provide evidence of work eligibility in the country. The NLRB rejected this contention; Kolkka appealed the NLRB decision that Kolkka had to bargain with the union.
Decision Affirmed. As long as there is not a definite termination date and the employees were working at the time of election, they are eligible to vote even if they are illegal aliens, who knwe that their work tenure was likely to be short. Though their status could be challenged by the Immigration and Naturalization Service, since that issue had not been resolved, they were workers who could vote and, after the fact, their votes will not be stricken.
Citation National Labor Relations Board v. Kolkka, 170 F.3d 937 (1999 WL 140735, 9th Cir.1999)

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