Protecting Workers: A Guide to Pro-Immigrant Provisions in Collective Bargaining Agreements

Barring ICE from Entering the Worksite

Workers can demand that immigration agents follow strict legal requirements before interrogating or seizing them. Employers must verify credentials, ask for a warrant signed by a federal judge, and notify the union immediately.

Protection of Rights During Workplace Immigration Enforcement

Employers must inform affected employees of any government requests and ensure compliance only as required by law. Employees will not be forced to work if they fear arrest or detainment.

Absence from Work Due to Immigration Status

Workers seeking immigration status extensions will not be terminated. Employers must explore alternative work options and provide unpaid leave for up to 90 days without penalty.

Employee Privacy

Immigration status is confidential, and employers cannot disclose information to ICE unless required by law. Employees have the right to representation in all immigration matters.

No-Match Letters

If ICE questions work authorization, employees have two weeks to provide correct documents. Employers must promptly share all "no-match" information with the union.

Status Verification and I-9 Audits

Employers cannot demand proof of immigration status unless required by law and should not participate in E-Verify unless mandated. Employees must be given time to re-verify work authorization.

Non-Retaliation Policy

Employers cannot use immigration status as leverage or request unnecessary information from workers. No worker should be discharged due to immigration status.

Immigration Sponsorship

Employers must support foreign national employees with immigration processes and cover related fees. A tailored plan will be designed for each employee to extend work authorization or apply for new status.

Legal Support

Employees will have an Immigration Liaison for support, supervisors will undergo immigration training, and workers will be informed of deadlines and legal rights. The Employer will provide a comprehensive guide for visa holders.

Language Accessibility

All employment documents must be translated, and employees can use their preferred language. Employers will pay for translators as needed.

Union Participation in Resolving Immigration Issues

The union will be involved in resolving immigration-related problems, and the Employer must notify the Union before taking any action.

Protection from Employer I-9 Audits

Workers can access strong language agreements to protect against I-9 audits. Employers must negotiate with the Union over policy changes affecting employment conditions due to immigration laws.

Sanctuary Unions

Resources are available for unions looking to become sanctuary unions, with resolutions and training guides provided.

Organizing Toolkit

Arise Chicago offers an immigrant worker toolkit that outlines rights and tools for workers.

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By: Natascha Elena Uhlmann and Sarah Lazare
Title: Protecting Workers: A Guide to Pro-Immigrant Provisions in Collective Bargaining Agreements
Sourced From: therealnews.com/want-to-defend-immigrant-workers-in-your-contract-here-are-some-suggestions
Published Date: Fri, 17 Jan 2025 18:42:35 +0000