Dive Brief:

• An NLRB administrative law judge has ruled that to remain compliant with the National Labor Relations Act, employers with unionized workforces must notify union representatives before enrolling in E-Verify, according to SHRM.
• In this case, a meat processor and food manufacturer in Illinois had an I-9 audit by Immigration and Customs Enforcement (ICE) in January 2015. ICE found 62 of the 92 employees represented by a union were terminated or resigned, SHRM reports.
• During the audit, the company signed up for E-Verify, the U.S. government’s Web-based employment verification system, but the union only found out about that change from members. NLRB Administrative Law Judge Joel Biblowitz ruled the company should have notified the union so it could bargain over the company's E-Verify use, SHRM reports.

Dive Insight:

Sari Long, an attorney with the office of Faegre Baker Daniels, an employment law firm, told SHRM the ruling could negatively impact unionized employers, even if they are looking to be in compliance with federal laws around the employment of work-authorized people.

“Unionized employers, often in industries with high rates of immigration audit and enforcement, should consider the implications of enrolling in E-Verify," she told SHRM.

The judge found the employer had violated its duty to bargain in good faith, so he ordered it to rescind participation in E-Verify, if the union asked it to do so.