National Labor Relations Board v. Apollo Tire Co., Inc.

The issue is whether the National Labor Relations Board (the Board) erred in excluding evidence that the employees charging unfair labor practices by respondent Apollo Tire Co., Inc. (the company) are undocumented aliens not entitled to work and reside in the United States. We hold that employed aliens, regardless of whether or not they have working papers, are “employees” as defined in Section 2(3) of the National Labor Relations Act (NLRA). Consequently, we find no error and enforce the Board’s order.

FACTS

In March, 1977, Hilda Niz, employee Lo-bos’ mother, complained to company General Manager Bostanian that her son had not received overtime pay due him. She stated that, if Bostanian did not pay it, she would go to the “Labor Commission.”

Shortly thereafter, Bostanian asked employee Figueroa, Niz’ husband, if it was true that his wife had complained to the Department of Labor, and stated that if so, he would have her killed.

On April 18, Niz complained to the Wage and Hour Division of the Department of Labor. She received several complaint forms, printed in Spanish, to distribute to employees. Seven employees returned the complaints to the compliance officer, alleging…

concurring:

I concur. If the NLRA were inapplicable to workers who are illegal aliens, we would leave helpless the very persons who most need protection from exploitative employer practices such as occurred in this case.

604 F.2d 1180 102 L.R.R.M. (BNA) 2043 , 86 Lab.Cas. P 11,523 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. APOLLO TIRE CO., INC., Respondent. No. 78-3173. United States Court of Appeals, Ninth Circuit. Aug. 14, 1979. Elliott Moore, Patricia C. Matthews, NLRB, Washington, D.C., for petitioner. Norman H. Kirshman, Kirshman & Rich, David L. Cohen, Kirshman & Rich, Marina Del Rey, Cal., for respondent. On Application for Enforcement of an Order of the National Labor Relations Board. Before WRIGHT and KENNEDY, Circuit Judges, and HALL, * District Judge. EUGENE A. WRIGHT, Circuit Judge: 1 The issue is whether the National Labor Relations Board (the Board) erred in excluding evidence that the employees charging unfair labor practices by respondent Apollo Tire Co., Inc. (the company) are undocumented aliens not entitled to work and reside in the United States. We hold that employed aliens, regardless of whether or not they have working papers, are "employees" as defined in Section 2(3) of the National Labor Relations Act (NLRA). Consequently, we find no error and enforce the Board's order. FACTS 2 In March, 1977, Hilda Niz, employee Lobos' mother, complained to company General…