Palma v. NLRB, No. 12-1199 (2d Cir. 2013)
Annotate this CasePetitioners, undocumented aliens, petitioned for review of the Board's ruling that they were precluded from receiving an award of backpay from their employer pursuant to Hoffman Plastic Compounds, Inc. v. NLRB. The court granted the petition for review to the extent that the matter was remanded to the Board for consideration of issues relating to petitioners' request for conditional reinstatement where the ALJ Order did not recommend conditional restatement despite the findings in the ALJ Decision that reinstatement offers would be appropriate and that the company had not met its obligations to make such offers, and despite an explicit request by the General Counsel for an order requiring offers of conditional reinstatement; petitioners did not file any exceptions with the Board despite the failure of the ALJ Order to recommend conditional reinstatement; and the Board did not consider whether an order requiring offers of conditional reinstatement would be appropriate. The court considered petitioners' remaining arguments and found them to be without merit and, therefore, denied the petition for review to that extent.
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