The country’s largest trade union came out in defense of undocumented workers on Thursday, criticizing a recent ruling by the federal labor board that makes it harder for such workers to recover backpay they’re owed by employers.  The National Labor Relations Board (NLRB) ruled last month that it cannot award backpay to an undocumented worker whose rights were violated, even if it’s proven that the employer knowingly broke the law by hiring the worker. In its decision, the board implied that it regretted issuing the decision but had no choice but to do so, given precedent set by a previous Supreme Court ruling on the matter.

But Ana Avendano, director of the AFL-CIO’s immigration program, said such a ruling did not need to be made -- and that it amounts to “an invitation to exploit” workers. The trade union has filed a brief urging the board to reconsider the case.  “The message the [labor] board is sending to employers of immigrant workers is that you get to violate the immigration law and the labor law,” Avendano said.  Avendano also claimed that the ruling gives unscrupulous employers an advantage over their more above-board competitors.  “It’s really undermining legitimate employers who are trying to abide by the law,” she said. “They will have a harder time competing with operators who don’t comply with immigration law and get a free bite at the apple by not paying workers.”  “We have to let the decision speak for the Board,” said NLRB spokeswoman Nancy Cleeland. “The decision spells out their thinking in why they couldn’t rule any other way.” Cleeland said the board recognized that "a vital check on workplace abuses is removed" by the decision. (click on link to read full story)