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NLRB General Counsel Issues Memo to Ensure Immigrant Workers, Regardless of Status, Have Access to NLRB Processes

National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a new protocol intended to advance immigrant worker protections and freely exercise rights under the National Labor Relations Act (NLRA) and safely participate in NLRB investigations. In a memo issued to all field offices, the NLRB’s Division of Operations Management advised Regions to distribute information (available in English and Spanish) to all witnesses advising them that immigration status is not relevant to whether there has been a violation of the NLRA, that information obtained during NLRB investigations is protected, and that a charging party or witness can ask the NLRB to seek immigration relief for employees at a worksite if it is necessary to protect employees who are participating in NLRB processes or exercising their rights under the NLRA. 

In addition to distributing written information, Board agents will also verbally advise a witness before taking their testimony in an affidavit that an individual’s immigration or work authorization status is not relevant to our investigation of whether the NLRA has been violated, and that the NLRB will not inquire about the individual’s immigration or work authorization status. Information Officers who assist visitors or callers with preparing a charge for the individual to review and file will provide a copy of the fact sheet along with the draft of the charge.

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