NLRB v. Domsey Trading Corp.

Summary

The Second Circuit denied enforcement of NLRB supplemental decisions awarding backpay and granted Domsey Trading Corporation's petition for review. The court held that, after Hoffman Plastic Compounds, Inc. v. NLRB, immigration status is relevant to backpay eligibility and that the Board abused its discretion by failing to reconsider evidentiary rulings that barred questioning about immigration status and excluded immigration-expert testimony. The case was remanded to the NLRB for further proceedings.

Holdings

1. Domsey preserved its objection to the ALJ's immigration-related evidentiary rulings because it repeatedly objected to being prohibited from questioning discriminatees about their immigration status and from presenting immigration-expert testimony.
2. The NLRB abused its discretion by failing to remand the case for reconsideration of immigration-related evidentiary rulings that were based on an outdated and erroneous view of the law.
3. Employers may cross-examine NLRA backpay applicants about their immigration status, and the ALJ should have permitted Domsey to ask direct questions about immigration status and introduce its immigration expert's testimony, subject to ordinary limits on cross-examination and evidentiary management.

Questions Presented

1. Whether Domsey preserved its objection to the ALJ's immigration-related evidentiary rulings.
2. Whether the NLRB abused its discretion by failing to reconsider or remand immigration-related evidentiary rulings that were based on pre-Hoffman law.
3. Whether Domsey could question backpay applicants about their immigration status and introduce immigration-expert testimony relevant to backpay eligibility.
4. Whether the NLRB's application for enforcement should be granted.

Disposition

reversed_and_remanded