Two unions are alleging a conflict of interest involving National Labor Relations Board (NLRB) Member William Emanuel should invalidate the NLRB’s recent decision in Caesars Entertainment Corp. d/b/a Rio All-Suites, 368 NLRB No. 143 (2019), in which the Board overruled Purple Communications, Inc., 361 NLRB 1050 (2014). Caesars Entertainment held that employees do not have
NLRB Chairman Refuses Lawmakers’ Request for Ethics Documents
National Labor Relations Board Chairman John Ring has again informed Democratic leaders of the U.S. House of Representatives Committee on Education and Labor that the Agency will not release documents they requested related to NLRB members’ recusals from Board cases.
On August 15, 2019, Bobby Scott, D-Va., Chairman of the House Committee on Education and…
NLRB Chairman Fires Back at Request to Withdraw Notice of Proposed Rulemaking on Joint Employment
John Ring, NLRB Chairman, has sent a five-page letter to several members of Congress in response to their request for the NLRB to withdraw its Notice of Proposed Rulemaking on the joint-employer standard.
Continue Reading NLRB Chairman Fires Back at Request to Withdraw Notice of Proposed Rulemaking on Joint Employment
D.C. Circuit Court of Appeals Upholds NLRB’s Browning-Ferris Joint-Employer Test, Cautions Board on Rulemaking
In a long-awaited decision, the D.C. Circuit Court of Appeals has upheld the controversial joint-employer standard articulated by the National Labor Relations Board in its 2015 Browning-Ferris decision. Browning-Ferris Industries of Calif., Inc. v. NLRB, D.C. Cir., No. 16-1028, 12/28/18.
The Court held that the Board properly considered both the putative employer’s reserved right…
Labor Board Sets New Deadline for Submitting Comments on Proposed Joint-Employer Rulemaking
The National Labor Relations Board has extended the deadline for submitting comments regarding its proposed rulemaking on the standard for determining joint-employer status under the National Labor Relations Act to December 13, 2018.
The proposed rule was originally published in the Federal Register on September 14, 2018, and comments were due by November 13, 2018.…
NLRB’s Proposed Rule Adopts Pre-Browning-Ferris Joint-Employer Standard
The National Labor Relations Board has announced that it will publish a “Notice of Proposed Rulemaking” in the Federal Register regarding its joint-employer standard. The notice will be published on Friday, September 14. The proposed rule will adopt the pre-Browning-Ferris standard for determining if two or more employers are joint employers of employees.
NLRB Chair Responds to Senators, Confirms NLRB Will Engage in Rulemaking for Joint Employer Standard
New NLRB Chairman John Ring has stated that the Board intends to use rulemaking to create a new joint employer standard.
The statement was in response to a May 29 letter from Democratic Senators Elizabeth Warren, Kirsten Gillibrand, and Bernie Sanders that harshly questioned whether the agency planned to use rulemaking to create a new…
Labor Board Considers Joint Employer Standard Rulemaking
The National Labor Relations Board has begun the process to consider rulemaking to establish a standard for determining joint employer status under the National Labor Relations Act, according to the Board’s filing in the Unified Agenda of Federal Regulatory and Deregulatory Actions.
The current standard is set forth in Browning-Ferris Industries, 362 NLRB No.…
Labor Board Nominee Ring Approved By Senate Committee
The Senate Health, Education, Labor and Pensions (HELP) Committee has confirmed Republican John Ring to the National Labor Relations Board by a 12-11 vote. The next step is a vote by the full Senate.
The Board is currently composed of two Democratic and two Republican appointees. If Ring is confirmed by the full Senate, the…
NLRB Vacates Hy-Brand Joint Employer Decision Following Inspector General Report
In a surprising reversal, the NLRB on February 26, 2018, vacated its decision in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (2017), and restored the Board’s union-friendly joint employer test set forth in Browning-Ferris Industries, 362 NLRB No. 186 (2015) which Hy-Brand had overruled.
The Board’s latest reversal came about as a result…