Hoffman Plastic Compounds, Inc. v. NLRB

535 U.S. 137 (2002)

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Nature of the Case

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Facts

D hired Jose Castro to operate various blending machines that 'mix and cook' the particular formulas per customer order. Castro presented documents that appeared to verify his authorization to work in the United States. The United Rubber, Cork, Linoleum, and Plastic Workers of America, AFL-CIO, began a union-organizing campaign at D's production plant. Castro and several other employees supported the organizing campaign and distributed authorization cards to co-workers. D laid off Castro and other employees engaged in these organizing activities. Three years later, P found that D unlawfully selected four employees, including Castro, for layoff 'in order to rid itself of known union supporters' in violation of § 8(a)(3) of the National Labor Relations Act (NLRA). P ordered that D (1) cease and desist from further violations of the NLRA, (2) post a detailed notice to its employees regarding the remedial order, and (3) offer reinstatement and backpay to the four affected employees. D agreed to abide by P's order. The parties proceeded to a compliance hearing before an Administrative Law Judge (ALJ) to determine the amount of back pay owed. Castro testified that he was born in Mexico and that he had never been legally admitted to, or authorized to work in, the United States. He admitted to using a birth certificate belonging to a friend who was born in Texas. He also admitted that he used this birth certificate to fraudulently obtain a California driver's license and a Social Security card, and to fraudulently obtain employment following his layoff by D. The ALJ found P precluded from awarding Castro backpay or reinstatement as such relief would be in conflict with IRCA, which makes it unlawful for employers knowingly to hire undocumented workers or for employees to use fraudulent documents to establish employment eligibility. Four years after the ALJ's decision, and nine years after Castro was fired, P reversed with respect to backpay. P determined that 'the most effective way to accommodate and further the immigration policies embodied in IRCA is to provide the protections and remedies of the NLRA to undocumented workers in the same manner as to other employees. Castro was entitled to $66,951 of backpay, plus interest from the date of Castro's termination to the date D first learned of Castro's undocumented status, a period of 3 1/2 years. P appealed and was twice denied by the Court of Appeals. The Supreme Court granted certiorari.