N.L.R.B v. A.P.R.A. Fuel Oil Buyers Group, Inc.

2 Analyses of this case by attorneys

  1. County Window Cleaning Co. - Decision Summary

    National Labor Relations BoardMay 14, 1999

    The Board affirmed the administrative law judge's findings that the Respondent violated Section 8(a)(3) and (1) of the Act by discharging Giovanni Valencia and Duvan Arteaga because of their activities for Service Employees Local 2; and violated Section 8(a)(1) by coercively interrogating its employees, promising them a pay raise, insurance, and other improvements in order to persuade them to abandon support for Service Employees Local 2, conditioning their employment upon their union support, and soliciting its employees to sign a letter withdrawing their previous authorizations of the Union to represent them.Relying on A.P.R.A. Fuel Oil Buyers Group, 320 NLRB 408 (1995), enfd. 134 F.3d 50 (2d Cir. 1997), Members Fox and Liebman ordered the Respondent to reinstate undocumented alien Arteaga upon condition and to make him whole, noting that the Respondent employed Arteaga with knowledge of his undocumented status and that it did not discharge him because of that status, but because of his protected activities. Members Fox and Liebman, in overruling the challenge to Arteaga's ballot, cited NLRB v. Kolkka, 160 LRRM 2810 (9th Cir. 1999), stating: "In this connection, we would not impose new voter eligibility criteria on an undocumented alien who is the victim of an unfair labor practice that results in a loss of employment, as our colleague does in his concurrence.

  2. Hoffman Plastic Compounds, Inc. - Decision Summary

    National Labor Relations BoardOctober 2, 1998

    Citing A.P.R.A. Fuel Oil Buyers Group, 320 NLRB 408 (1995), affd. 134 F.3d 50 (2d Cir. 1997), Members Fox and Liebman found that undocumented worker Jose Castro is entitled to limited backpay in the amount of $66,951. The Respondent argued that the Supreme Court's decision in Sure-Tan Inc. v. NLRB, 467 U.S. 883 (1984), and the later enactment of the Immigration Reform and Control Act of 1986 (IRCA) preclude reinstatement and backpay to Castro because he disclosed at the compliance proceeding that at no time has he been lawfully authorized to work in the United States.