Phillip D. Bertelsen, Inc. v. Agricultural Labor Relations Board

During 1984 and 1985, petitioner Phillip D. Bertelsen, Inc. (hereinafter Bertelsen), discharged employee Maximino Cerna, a Mexican national, and 13 Salvadoran employees. In February 1986, an administrative law judge ruled that all 14 employees had been discharged in retaliation for engaging in protected concerted activity, and ordered Bertelsen to offer reinstatement. The administrative law judge also ordered Bertelsen to make the 14 employees whole “for all losses of pay and other economic losses they have suffered as a result of the discrimination against them.” The Agricultural Labor Relations Board (hereinafter the board) expressly adopted the administrative law judge’s order. (Phillip D. Bertelsen (1986) 12 ALRB No. 27.)

Bertelsen offered reinstatement to all 14. Cerna did not respond to the reinstatement offer. The other 13 employees attempted to accept the Bertelsen offer and reported to the Bertelsen office on March 24, 1986. They were told by a Bertelsen supervisor, however, that they would not be allowed to work unless they produced documentary evidence that they were legally authorized to work in the United States. At that time, 29 United States Code section…