A federal court ruled Monday that a New York City construction company has the right to hire foreign workers in its workforce and that the state has no legal authority to require them to live in the U.S.
A federal judge has rejected a claim that the New York Construction Trades Council (NYCTC) is illegally violating workers’ rights by hiring foreigners to work on its construction projects.
U.S., California & Texas workers sued over contract, immigration enforcement in bid to ‘protect jobs’ article California and Texas are suing the New Hampshire Construction Trains Council, saying the union has violated workers’ constitutional rights by recruiting workers from overseas.
The case involves a New Hampshire worker hired to build the state’s first toll plaza, but the union said the state is using her to help expand its construction workforce, even though she is not legally allowed to work in the United States.
The state claims that its contract with the New England Union of Builders (NEBU), which is based in Massachusetts, requires workers to live and work in New Hampshire.
In its complaint, the state also says that NEBU’s workers are in breach of the New Jersey Contractors Act, which allows construction companies to recruit workers from across the United Kingdom.
The complaint seeks a court order barring New Hampshire from hiring foreign workers.
The NEBU said it will appeal the decision.
“We are confident that the court will uphold the law, which is a matter of public policy,” NEBU President and CEO Richard Burden said in a statement.
“The New Hampshire Contractors’ Act is a common-sense and protective law that will protect workers from exploitation and exploitation at the hands of foreign employers.
It is a cornerstone of our economy.”
The case will likely be appealed to the U, D, Circuit Court of Appeals.
The federal court found that New Hampshire does have a contract with NEBU to hire workers from the United Nations, the United Arab Emirates and Japan, but only for construction projects that will not be used for construction of the facility.
The union says it is also in violation of New Hampshire’s contract with its member unions, which are allowed to employ foreign workers under certain circumstances.
“The New England Construction Trading Council has no obligation to accept foreign workers for any purpose other than those for which they were legally authorized to be hired,” the union wrote in its complaint.
“Its labor policy and its contract prohibit hiring foreign laborers for any work at any construction site.”
New Hampshire also argues that the NEBU should be allowed to hire more foreign workers because it has a backlog of workers to fill.