[20020403]RS21186_霍夫曼塑料化合物诉NLRB和无证件外国人欠薪奖.pdf

1 Hoffman Plastic Compounds v. NLRB, No. 00-1595, 2002 WL 459438 (U.S. Mar. 27, 2002).The majority opinion was written by Chief Justice Rehnquist and joined by Justices OConnor,Scalia, Kennedy, and Thomas.2 Section 8(a)(3) of the NLRA, 29 U.S.C. 158(a)(3), prohibits discrimination “in regard to hireor tenure of employment or any term or condition of employment to encourage or discourage(continued.)Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21186April 3, 2002Hoffman Plastic Compounds v. NLRB andBackpay Awards to Undocumented Aliensname redactedLegislative AttorneyAmerican Law DivisionSummaryThis report discusses the U.S. Supreme Courts decision in Hoffman PlasticCompounds v. NLRB, a case involving whether backpay may be awarded to anundocumented alien because his employer violated the National Labor Relations Act.The report reviews the relevant facts of the case and discusses both the majority anddissenting opinions. The Courts conclusion that federal immigration policy restricts theNational Labor Relations Board from awarding backpay to an undocumented alien couldresult in legislation. This report will be up