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

Opinion

VARTABEDIAN, J.

Introduction

At the times relevant to this case, it was settled law under the National Labor Relations Act (NLRA) 1 and the Immigration and Nationality Act (INA) 2 that nonagricultural workers were not entitled to remedial backpay during any period when they were not present in the United States. (Sure-Tan, Inc. v. NLRB (1984) 467 U.S. 883, 903 [81 L.Ed.2d 732, 750, 104 S.Ct. 2803].) (The NLRA does not apply to agricultural workers. (29 U.S.C. § 152(3).))

Prior to Sure-Tan, the immigration status of a worker made no difference in the available remedies under the NLRA.…