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Palma v. NLRB, No. 12-1199 (2d Cir. July 10, 2013)

Articles Discussing Case:

NLRB Did Not Err in Categorically Barring NLRA Back Pay for Undocumented Workers, Second Circuit Holds

Ogletree Deakins • September 03, 2013
Palma v. NLRB, No. 12-1199 (2d Cir. July 10, 2013): Petitioners are undocumented aliens who were unlawfully discharged for engaging in protected activities under the National Labor Relations Act (NLRA). At a compliance proceeding, the administrative law judge (ALJ) recommended that the petitioners receive back pay and unconditional offers of reinstatement. However, the National Labor Relations Board (NLRB) rejected the ALJ’s recommendation and found that the U.S. Supreme Court’s decision in Hoffman Plastic Compounds, Inc. v. NLRB precludes back pay to undocumented aliens.