NLRB Orders Conditional Reinstatement of Workers Undocumented at Time of Unlawful Discharge | Practical Law
In Mezonos Maven Bakery, Inc., the National Labor Relations Board (NLRB) ordered the conditional reinstatement of unlawfully discharged employees who did not have proper documentation to work in the US at the time of their discharge. The NLRB found that conditional reinstatement furthered the policies of National Labor Relations Act (NLRA) and was not prohibited by the Supreme Court's decision in Hoffman Plastic Compounds, Inc. or by the Immigration Reform and Control Act (IRCA). The conditional reinstatement order requires the employer to provide the employees with a reasonable period of time to complete the US Citizenship and Immigration Services (USCIS) Form I-9 and provide the proper documentation.