“Enrolling in E-Verify Without Union Consent Violates NLRA”

6/10/2016
SHRM

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"Emp​loyers​​ with unionized workforces must notify union representatives before enrolling in E-Verify, a judge for the National Labor ​​Relations Board (NLRB) ruled.

"'​The decis​​ion raises several issues of interest to unionized employers who are seeking to comply with federal regulations concerning the employment of work-authorized individuals,' said Sari Long, an attorney in the Washington, D.C., office of Faegre Baker Daniels. 'Unionized employers, often in industries with high rates of immigration audit and enforcement, should consider the implications of enrolling in E-Verify.'

"Trouble for t​he Ruprecht Company, a meat processor and food manufacturer based in Mundelein, Ill., began when it became the focus of an I-9 audit by Immigration and Customs Enforcement in January 2015. Consequently, 62 of the 92 employees represented by​​ Unite Here Local 1 were terminated or resigned as a result of the audit.

"During the audit, and "in order to avoid a catastrophic loss to its workforce should another audit occur in the future," the company volun​​tarily enrolled in E-Verify, the federal government's Internet-based employment verification system…

"...​​NLRB Admi​nistrative Law Judge Joel Biblowitz found the company's enrollment in E-Verify was a term and condition of employment and the company had an obligation to notify the union, giving it an opportunity to bargain about whether the company should enroll in and use E-Verify.​"

To rea​​​d the full article, click here.​