Page 49 - UFCW Union Steward Handbook

STEWARD’S ROLE IN REPRESENTING IMMIGRANT WORKERS

A SSN no-match is not evidence that a worker lacks work
authorization; an employer has no right to discipline, discharge, or
remove an employee from work based solely on a no-match.
If you become aware of an employer action against an immigrant
worker because of a SSN discrepancy, you should alert your
representative, as this may be grounds for a grievance as well as an
issue to organize around.

Employers May Target Immigrants During Labor Disputes
Employers may target immigrant workers during a labor dispute, such
as during a strike, contract
negotiations, investigating
unfair labor practice charges,
and investigating alleged
violations of other laws.
This targeting of immigrant
workers may happen regardless
of the workers’ documentation
status, and may play on
workers’ fears of threats,
retaliation and deportation.
You should be aware that such
threats and other retaliation
for asserting federal rights are
illegal, and inform your union
representative about a possible
grievance or additional charges.
The Office of Special Counsel (OSC) of the U.S. Department of Justice
handles complaints against employers that discriminate against work
authorized immigrant workers based on their immigrant status or
national origin in hiring, firing, or recruitment. The OSC also handles
complaints of document abuse (such as an employer asking for more or
different documents than the worker presents for purposes of verifying
employment eligibility). If you learn that discrimination may have
occurred, alert your union representative, as it may be appropriate to
file a complaint with the OSC and/or a grievance.

UFCW UNION STEWARD HANDBOOK 47