Sure-tan, Inc., et al. v. National Labor Relations Board (467 U.S. 883)
U.S. Supreme Court · decided June 25, 1984 · Supreme Court Database (Spaeth)
- Citation
- 467 U.S. 883 · 104 S. Ct. 2803
- Decided
- June 25, 1984
- Term
- October Term 1983
- Vote
- 7–2
- Majority author
- Justice O'Connor
- Issue area
- Civil Rights
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice O’Connor delivered the opinion of the Court. At issue in this case are several questions arising from the application of the National Labor Relations Act (NLRA or Act) to an employer’s treatment of its undocumented alien employees. We first determine whether the National Labor Relations Board (NLRB or Board) may properly find that an employer engages in an unfair labor practice by reporting to the Immigration and Naturalization Service (INS) certain employees known to be undocumented aliens in retaliation for their engaging in union activity, thereby causing their immediate departure from the United States. We then address the validity of the Board’s remedial order as modified by the Court of Appeals. I Petitioners are two small leather processing firms located in Chicago that, for purposes of the Act, constitute a single integrated employer. In July 1976, a union organization drive was begun. Eight employees signed cards authorizing the Chicago Leather Workers Union, Local 431, Amalgamated Meatcutters and Butcher Workmen of North America (Union), to act as their collective-bargaining representative. Of the 11 employees then employed by petitioners, most were Mexican nationals present illegally in the United States without visas or immigration papers authorizing them to work. The Union ultimately prevailed in a Board election conducted on December 10, 1976. Two hours…
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