NLRB General Counsel Announces New Protocol to Protect Immigrant Workers

Following her announcement of an initiative to ensure the rights of immigrant workers under the National Labor Relations Act (as discussed in our November 2021 E-Update), the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, issued a memo earlier this month that sets forth a new protocol for Board agents working with immigrant witnesses, including the use of a new Immigrant Worker fact sheet.

In her memo, General Counsel Abruzzo describes the fact sheet as explaining “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.” She directs Board agents to distribute this fact sheet to all witnesses before taking their testimony. She further directs Information Officers assisting visitors or callers with the preparation of a charge for filing to provide a copy of the fact sheet along with any draft charge. And she reminds Board agents to verbally advise a witness before preparing their affidavits that their immigration or work authorization status is not relevant to the Board’s investigation and that the Board will not ask about it.