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SUPREME COURT REMOVES LABOR RIGHTS FOR UNDOCUMENTED WORKERS by Pablo Rossell 01 April 2002 21:05 UTC |
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Who said that "justice is blind"? It seems to me that "justice" can actually see the color of the skin > >La Jornada > >Mexico City, Mexico > >Thursday, March 28, 2002 > > > >United States Supreme Court Removes Labor Rights > for Undocumented > >Workers > >Workers now officially unprotected against abuses > of employers > >Conditions will be "like slavery" say unions > > > >JIM CASON AND DAVID BROOKS, WASHINGTON > CORRESPONDENTS > >[Unofficial, bad translation by Morgan Guyton] > >Washington, March 27: > > > >The United States Supreme Court decided today that > undocumented workers > >do not have the right to free association in unions > nor protection > >against employers that violate their labor rights. > The judgment sets > >the precedent that if a business fires a worker for > either union > >activities or at management's personal discretion > for any reason, the > >worker does not enjoy the legal protection > established by law because of > >his illegal immigrant condition. With this, all > the undocumented > >workers in farm fields, factories, restaurants, and > hotels in the > >country from this point do not have the right to > demand lost wages or > >any other restitution from employers that violate > the law by firing or > >punishing them for exercising their basic rights. > > > >The Court made a divided decision, 5 to 4, > resolving the case of > >undocumented worker Jose Castro, fired along with > three other employees > >from the Hoffmand Plastic Compound in Paramount, > California, in 1989, > >for supporting efforts to unionize the plant. The > National Labor > >Relations Board, the federal agency in charge of > resolving violations of > >labor law and that supposedly guarantees > protections to workers against > >employer repercussions for union activities or > protesting employment > >conditions, found the rights of Castro had been > violated and ordered > >that he be paid his back wages. The lower courts > upheld the NLRB ruling > >but the Supreme Court today reversed those > decisions. > > > >The AFL-CIO declared its disillusionment over the > Supreme Court ruling. > >"By permitting employers to victimize illegally > undocumented workers > >without any economic consequence, the Court > judgment undermines the > >living standards and work conditions of > >all Americans, citizens or not." > > > >The decision "devastated" Arturo Rodriguez, > president of the United > >Farmworkers of America (the union founded by Cesar > Chavez), who said > >that this decision is "devastating" for > undocumented workers, that are > >now left "without rights, without legal protection, > without egalitarian > >treatment under the law." > > > >In a telephone interview with La Jornada, Rodriguez > pointed out that > >employers will now seek to employ more undocumented > workers knowing that > >they do not have legal protection of their labor > rights. "This > >eliminates for workers the right to confront their > bosses... This puts > >them almost in conditions of slavery, not having > the resources to defend > >themselves. This decision represents a threat no > less grave than > >proposition 187 for the immigrant community." he > said. > > > >Eliseo Medina, executive vice-president of the > Service Employees > >International Union (SEIU), declared it "a bad day > for justice in the > >United States when the Supreme Court has thrown out > basic protections of > >immigrants in their place of work." He emphasized > that unions will > >continue to defend every immigrant worker, legal or > undocumented, in > >spite of this judgment. > > > >With that and in spite of the fact that the Supreme > Court has maintained > >in the past that undocumented workers do enjoy the > protection of federal > >labor laws, today's decision took away the > protection to organize and > >defend their labor rights. __________________________________________________ Do You Yahoo!? Yahoo! Greetings - send holiday greetings for Easter, Passover http://greetings.yahoo.com/
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