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- Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137 (2002), is a United States labor law decision in which the Supreme Court of the United States denied an award of back pay to an illegal immigrant worker, Jose Castro, who had been laid off for participating in a union organizing campaign at Hoffman Plastics Compounds plant, along with several other employees. The case was originally filed against Hoffman by Dionisio Gonzalez, an organizer with the United Steelworkers. The National Labor Relations Board (NLRB) found that the layoff of Castro had violated National Labor Relations Act (NLRA) section 8(a)(3) on the unlawful firing of union supporters. Castro had entered the United States illegally and had also used another person's identity (a friend's birth certificate) to gain employment at Hoffman Plastics. In a 5–4 decision, with the justices divided along ideological lines, the Supreme Court interpreted that the Immigration Reform and Control Act of 1986 (IRCA), which penalizes undocumented workers and provides for significant penalties to companies that knowingly employ illegal immigrants, disallows the use of the make-whole remedial scheme of the NLRA against an employer that benefits any person who knowingly broke immigration law. Chief Justice William Rehnquist delivered the opinion of the Court, joined by Justices Sandra O'Connor, Antonin Scalia, Anthony Kennedy, and Clarence Thomas. Justice Stephen Breyer wrote a dissent, joined by Justices John Paul Stevens, David Souter, and Ruth Bader Ginsburg. They expressed concern that employers would use the illegal immigration status of an employee to relieve themselves of responsibility under the NLRA. (en)
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- Hoffman Plastic Compounds, Inc. v. NLRB, (en)
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- Hoffman Plastic Compounds, Inc. v. National Labor Relations Board (en)
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dbp:holding
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- An award of back pay to a worker, who had been laid off for his part in a union organizing drive, was denied because he was an undocumented immigrant. (en)
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dbp:joindissent
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- Stevens, Souter, Ginsburg (en)
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- O'Connor, Scalia, Kennedy, Thomas (en)
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- Hoffman Plastic Compounds, Inc. v. NLRB (en)
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- On writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit (en)
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rdfs:comment
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- Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137 (2002), is a United States labor law decision in which the Supreme Court of the United States denied an award of back pay to an illegal immigrant worker, Jose Castro, who had been laid off for participating in a union organizing campaign at Hoffman Plastics Compounds plant, along with several other employees. The case was originally filed against Hoffman by Dionisio Gonzalez, an organizer with the United Steelworkers. (en)
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- Hoffman Plastic Compounds, Inc. v. NLRB (en)
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- (en)
- Hoffman Plastic Compounds, Inc. v. National Labor Relations Board (en)
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