Case: Hoffman Plastic Compounds, Inc. v. NLRB

In this case, Hoffman Plastic Compounds, Inc. v. NLRB, the U.S. Supreme Court decided that federal immigration law prohibited awarding undocumented immigrant workers back pay under the National Labor Relations Act.

This case arose when Hoffman Plastic Compounds fired José Castro and others for union activities in 1989. During a series of administrative proceedings before the National Labor Relations Board (NLRB), it was determined that Castro was an undocumented immigrant who had used fake papers to gain employment. Castro was awarded some back pay (for the period beginning on date of his illegal termination until Hoffman discovered he was unauthorized to work). See Hoffman Plastic Compounds, Inc., 306 N.L.R.B. 100, 1992 WL 14561 (1992); Hoffman Plastic Compounds, Inc., 314 N.L.R.B. 683, 685, 1994 WL 397901 (1994); Hoffman Plastic Compounds, Inc. 326 N.L.R.B. No. 86, 1998 WL 663933 (Sept. 23, 1998).

Hoffman appealed to the Court of Appeals for the District of Columbia, arguing that the Immigration Reform and Control Act of 1986 ("IRCA") and the case Sure-Tan, Inc. v. NLRB, 467 U.S. 883, 104 S.Ct. 2803, 81 L.Ed.2d 732 (1984), barred awards of any backpay to undocumented workers. A panel of the D.C. Circuit Court of Appeals affirmed, Hoffman Plastic Compounds, Inc. v. N.L.R.B., 208 F.3d 229 (D.C.Cir. 2000), but rehearing en banc was granted and the judgment vacated. Hoffman Plastic Compound, Inc. v. N.L.R.B., 2000 WL 985015 (D.C.Cir. 2000). On rehearing en banc, the Court held that a worker's undocumented status did not render him ineligible to obtain backpay as a remedy for an employer's violation of the NLRA. Hoffman Plastic Compounds, Inc. v. N.L.R.B., 237 F.3d 639 (D.C.Cir. 2001). The Supreme Court granted certiorari, Hoffman Plastic Compound, Inc. v. N.L.R.B., 533 U.S. 976, 122 S.Ct. 23, 150 L.Ed.2d 804 (2001) and reversed. Hoffman Plastic Compounds, Inc. v. N.L.R.B., 535 U.S. 137, 122 S.Ct. 1275, 152 L.Ed.2d 271 (2002). The Supreme Court (Chief Justice Rehnquist) held that the Immigration Reform and Control Act of 1986 (IRCA) foreclosed an award of backpay under the NLRA to undocumented alien works who had never been legally authorized to work in the U.S.

On remand, the District Court entered judgment in favor of the employer Hoffman. See Hoffman Plastic Compound, Inc. v. N.L.R.B., 2002 WL 1974040 (D.C.Cir. Aug 27, 2002) and Hoffman Plastic Compound, Inc. v. N.L.R.B., 2002 WL 1974028 (D.C.Cir. Aug 27, 2002).