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U.S. v. NLRB v. Domsey Trading Corp.

Facts

In 1990, approximately 200 workers at Domsey went on strike, alleging unfair labor practices. The NLRB found that Domsey had committed unfair labor practices and ordered the reinstatement of the striking workers. During subsequent compliance hearings to determine backpay owed, Domsey raised the issue of immigration status, arguing that undocumented immigrants were ineligible for backpay. The ALJ denied Domsey's requests to question discriminatees about their immigration status and to introduce expert testimony on the matter, citing pre-Hoffman case law.

On January 30, 1990, approximately 200 of Domsey's workers went on strike, alleging that the Company had committed unfair labor practices, including firing several employees for attending union meetings.

Issue

Did the NLRB err in its evidentiary rulings by prohibiting Domsey from questioning discriminatees about their immigration status during the backpay eligibility hearings?

Did the NLRB err in its evidentiary rulings by prohibiting Domsey from questioning discriminatees about their immigration status during the backpay eligibility hearings?

Rule

The court reviewed the NLRB's evidentiary rulings for abuse of discretion, noting that immigration status is relevant to backpay eligibility under the NLRA following the Supreme Court's decision in Hoffman.

We therefore review the Board's evidentiary rulings for abuse of discretion.

Analysis

The court determined that the NLRB abused its discretion by failing to remand the case to the ALJ for further proceedings consistent with Hoffman. The ruling that immigration status was irrelevant to backpay eligibility was based on outdated case law. The court emphasized that after Hoffman, it was clear that undocumented immigrants are ineligible for backpay, making immigration status relevant to the proceedings.

The ruling that Domsey could not ask discriminatees questions concerning their immigration status was premised on pre-Hoffman Second Circuit and NLRB case law that had concluded that immigration status was irrelevant to backpay eligibility under the NLRA.

Conclusion

The court granted Domsey's petition for review, denied the NLRB's application for enforcement, and remanded the case for further proceedings.

We therefore deny the Board's application for enforcement, grant Domsey's petition for review, and remand to the NLRB for further proceedings consistent with this opinion.

Who won?

Domsey Trading Corp. prevailed in the case because the court found that the NLRB had abused its discretion by not allowing the employer to question discriminatees about their immigration status, which was relevant to backpay eligibility.

The Board erred when it failed to consider Domsey's objections to the immigration-related evidentiary rulings of the Administrative Law Judge ('ALJ') (Michael A. Marcionese) that were based on pre-Hoffman Second Circuit and NLRB case law.

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