Legal Opinion

National Labor Relations Board v. A.P.R.A. Fuel Oil Buyers Group, Inc., Prudential Transportation, Inc., and Amer-National Heating Service, Inc.

Court of Appeals for the Second Circuit

Decided December 5, 1997No. 1324, Docket 96-4123PublishedCited by 27 opinions

1Opinion of the Court

OAKES, Senior Circuit Judge:

In the simplest terms, this appeal raises the question whether an employer who knowingly hires undocumented aliens can use the immigration laws as a shield to avoid liability for the employer’s later retaliatory discharge of the employees in violation of the National Labor Relations Act, 29 U.S.C. §§ 151-168 (1994) (“NLRA” or “the Act”). We conclude that the National Labor Relations Board (“NLRB” or “the Board”) does have the power to remedy such employer misconduct, and that the remedy it fashioned in this case properly balanced the various federal policies…

2Cases cited11 opinions

  1. Fibreboard Paper Products Corp. v. National Labor Relations BoardSupreme Court of the United States · 1964
  2. Sure-Tan, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1984
  3. Virginia Electric & Power Co. v. National Labor Relations BoardSupreme Court of the United States · 1943
  4. Southern Steamship Co. v. National Labor Relations BoardSupreme Court of the United States · 1942
  5. Rajni J. Patel v. Quality Inn South, Manibhai Patel and Dilip Patel, Sumani Corp., Inc.Court of Appeals for the Eleventh Circuit · 1988

6 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Hoffman Plastic Compounds, Inc. v. National Labor Relations BoardSupreme Court of the United States · 2002
  2. Dowling v. SlotnikSupreme Court of Connecticut · 1998
  3. United States v. Myung Ho Kim, Also Known as RobertoCourt of Appeals for the Second Circuit · 1999
  4. Correa v. Waymouth Farms, Inc.Supreme Court of Minnesota · 2003
  5. Majlinger v. Cassino Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 2005

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