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

EUGENE A. WRIGHT, Circuit Judge:

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,…