Hoffman Plastic Compounds, Inc. v. National Labor Relations Board

In Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137 (2002), the National Labor Relations Board had awarded back pay to a worker who was fired for supporting union organizing activities. At the administrative hearing for reinstatement and for determination of amount of back pay, the worker testified that he had never been legally admitted into nor authorized to work in the U.S. The United States Supreme Court found tension between IRCA and the NLRB: "We therefore conclude that allowing the Board to award back pay to illegal aliens would unduly trench upon explicit statutory prohibitions critical to federal immigration policy, as expressed in IRCA. It would encourage the successful evasion of apprehension by immigration authorities, condone prior violations of the immigration laws, and encourage future violations. However broad the Board's discretion to fashion remedies when dealing only with the NLRA, it is not so unbounded as to authorize this sort of an award." (535 U.S. at 151, 122 S. Ct. at 1284-1285.)