Law Commons^™

Recent Decision, R. Christian Hutson

Vanderbilt Journal of Transnational Law

Two dismissed employees, through their collective bargaining agent, sought reinstatement through the arbitration process. Relying on a California statute which made knowing employment of an illegal alien unlawful, the employer determined that the employees resided in the United States illegally and dismissed them." The collective bargaining representative argued that the employer lacked "just cause" to make the dismissal. The arbitrator adopted the representative's position, ruling that continued employment of the two illegal aliens would not subject the employer to criminal liability and holding the California statute "dormant." Based on this finding, the arbitrator awarded reinstatement to each employee and backpay …