E-Verify Precedent for Unionized Employers
According to the law firm of Epstein Becker Green, there has been a precedent setting settlement between the National Labor Relations Board (NLRB) and the Pacific Steel Casting Company (PSC) that makes E-Verify subject to Collective Bargaining in unionized companies.
"This proceeding began in February 2011, when PSC was subject to a Form I-9 audit conducted by ICE. At that time, PSC voluntarily enrolled into the federal E-Verify program without notifying its unionized employees or Local 164B, their union chapter. Later, when Local 164B discovered this enrollment, PSC claimed that it was required to take such action because the company was a federal contractor. This claim turned out to be incorrect, but PSC continued to use E-Verify. The union then filed a charge with the NLRB claiming that PSC was required to, but did not, bargain over its enrollment into E-Verify because this changed the terms and conditions of employment.