Page 47 - UFCW Union Steward Handbook

STEWARD’S ROLE IN REPRESENTING IMMIGRANT WORKERS

Representing Immigrant Workers

Immigrant Workers

Immigrant workers have always been at the forefront of building the
U.S. labor movement. Today is no different, as UFCW members come
from many different countries and backgrounds.

It is important for stewards to be aware of immigrant* workers’ rights,
and opportunities for welcoming new workers and building solidarity.

Rights of Immigrant Workers
In general, all federal laws which protect employees in the workplace
protect immigrant workers as well. The National Labor Relations
Act (NLRA) provides that an employee, whether documented or not
documented, has the right to form, join, and assist a union and to
bargain collectively with their employer through the union. This means
that regardless of the employee’s immigration status, workers can join
together to talk about and attempt to make changes in wages, hours
of work, and other employment conditions. Immigrant workers, like
other workers, can sign authorization cards, file grievances against
employers, and file unfair labor practice charges with the National
Labor Relations Board.
Under the NLRA, our union has the same obligation to represent
immigrant workers as other workers and owes them the same duty of
fair representation. As the union is obligated to represent all workers in
the bargaining unit, an immigrant worker’s particular status is usually
not relevant to a steward’s daily representation duties.
Immigrant workers, whether documented or not documented, are
also protected by other federal laws. In particular, they are protected
by federal wage and hour law which requires payment for all hours
worked and payment at 1 and ½ times the regular for all work over 40

*Although workers who enter the United States for temporary periods (usually on visas) are
considered non-immigrants and those who enter intending to stay are immigrants, the term
“immigrant” will be used to cover all newcomers unless necessary to distinguish them.

UFCW UNION STEWARD HANDBOOK 45