N.L.R.B. v. A.P.R.A. FUEL OIL BUYERS GROUP, INC.

No. 1324, Docket 96-4123.

134 F.3d 50 (1997)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. A.P.R.A. FUEL OIL BUYERS GROUP, INC., Prudential Transportation, Inc., and Amer-National Heating Service, Inc., Respondents.

United States Court of Appeals, Second Circuit.

Decided December 5, 1997.


Attorney(s) appearing for the Case

Fred L. Cornnell, Supervisory Attorney, National Labor Relations Board, Washington, DC (Frederick L. Feinstein, General Counsel, Linda Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, of counsel), for Petitioner.

Lionel Alan Marks, New York City, for Respondents.

Jonathan P. Hiatt, James Coppess, AFL-CIO, Washington, DC; David M. Silberman, Laurence Gold, Bredhoff & Kaiser, Washington, DC; Max Zimny, Catherine Waelder, Unite, New York, NY; Judith A. Scott, Betty Grdina, International Brotherhood of Teamsters, Washington, DC; and Robert H. Gibbs, Gibbs, Houston & Pauw, Seattle, WA, for AFL-CIO as Amicus Curiae in support of Petitioner.

Before OAKES, ALTIMARI and JACOBS, Circuit Judges.


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...

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