Over the past five years, undocumented individuals represented over 8\u00a0million of the 123 million workers in the United States. As members of the\u00a0workforce, undocumented workers historically work for lower wages and in\u00a0subpar working conditions that do not satisfy our nation\u2019s workplace requirements.\u00a0These inequalities stem from mismatched incentives created by judicial\u00a0interpretations of labor and immigration statutes. These statutes, in turn,\u00a0create a prisoner\u2019s dilemma for the undocumented worker. Undocumented\u00a0workers may choose to either address their grievances and face employer\u00a0retaliation, discharge and even deportation, or continue to work in subpar\u00a0conditions. Problematically, undocumented worker\u2019s willingness to work in\u00a0these conditions for little pay directly decreases their documented counterparts\u2019\u00a0level of pay and workplace treatment. It is unlikely that the federal judiciary\u00a0or legislator will address the rights of undocumented workers and the\u00a0broader effect this issue has on the national workforce.<\/p>\n
For the last half-century, collective bargaining agreements between\u00a0employers and unions have served as the bedrock of workplace rights. The\u00a0use of collective bargaining and labor arbitration, a judicially-acknowledged\u00a0right of undocumented workers,7 provides a gateway through which these\u00a0workers can receive the necessary workplace protections not available to\u00a0them in America\u2019s judicial and legislative frameworks. This Note will argue\u00a0that labor arbitration and union efforts to implement immigrant-protective\u00a0provisions in collective bargaining agreements can improve workplace rights\u00a0for undocumented and documented workers alike. This note further argues\u00a0that such implementation will lead to better compliance with national immigration\u00a0policy.<\/p>\n
Part I of this note sets forth the current labor arbitration framework in collective\u00a0bargaining agreements, and explores the effects of that framework on\u00a0undocumented workers. Part II analyzes the conflicting judicial interpretations\u00a0between immigration and labor policies. Part III discusses common\u00a0themes in labor arbitration with respect to immigration concerns. Part IV proposes\u00a0recommendations on how to work with and improve the current labor\u00a0arbitration framework to protect workers\u2019 rights and properly incentivize\u00a0compliance with U.S. immigration policies.<\/p>\n