This note discusses the facts and procedural history of Kolkka. Part III provides a detailed legal and historical analysis of the applicable statutes, case law, and debates surrounding undocumented workers rights. Part IV describes the Ninth Circuit's analysis in Kolkka. Part V critiques the Ninth Circuit's holding in Kolkka asserting that undocumented workers have the right to vote in union elections. Finally, Part VI concludes that judicial decisions supporting undocumented workers rights as an "employees," outweighs the political opposition to rights for undocumented workers. Therefore, to protect undocumented workers, statutory language should expressly state that they are "employees."
Beth Wolf Mora,
Undocumented Workers Are Entitled to Vote in Union Elections - But Are They "Employees" Under the Law?, 30 Golden Gate U. L. Rev.