Rubashkin recruited* and hired illegal aliens along with documented workers. When those workers voted to to unionize in September 2005, Rubashkin claimed the illegals were not "employees" protected by the National Labor Relations Act (because they are illegals) and therefore rejected the vote to unionize, claiming a majority of union voters were illegals and therefore not "employees." Rubashkin refused to bargain with the union or recognize the vote.
The National Labor Relations Board found against Rubashkin. Rubashkin appealed.
Friday, the US Court of Appeals rejected Rubashkin's appeal, noting Rubashkin had disregarded previous NLRB rulings and Supreme Court precedent that clearly were not in his favor:
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued October 19, 2007 Decided January 4, 2008
AGRI PROCESSOR CO., INC.,
NATIONAL LABOR RELATIONS BOARD,
On Petition for Review and Cross-Application for
Enforcement of an Order of the National Labor Relations Board
Jeffery A. Meyer argued the cause for petitioner. On the brief was Carmelo Grimaldi.
Julie B. Broido, Supervisory Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, and Kira Dellinger Vol, Attorney. Linda Dreeben, Deputy Assistant General Counsel, entered an appearance.
Before: HENDERSON, TATEL, and KAVANAUGH, Circuit Judges.
Opinion for the Court filed by Circuit Judge TATEL.
Concurring opinion filed by Circuit Judge HENDERSON.
Dissenting opinion filed by Circuit Judge KAVANAUGH.
TATEL, Circuit Judge: A company whose workers recently voted to unionize refuses to bargain with them, claiming that most of those who voted are undocumented aliens. The company argues that undocumented aliens are prohibited from unionizing because they do not qualify as “employees” protected by the National Labor Relations Act. Because the company’s argument ignores both the Act’s plain language and binding Supreme Court precedent, we deny its petition for review.…
For the reasons stated above, we deny Agri Processor’s petition for review and grant the Board’s cross-petition for enforcement.…
Here's the entire long decision in PDF format:
* Stephen Bloom in his book Postville documents this recruitment.
[Hat Tip: Arieh.]