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Ethics lapse forces NLRB Board to vacate joint employee standards

Joe Mont | February 28, 2018

The National Labor Relations Board, after finally smoothing over confusion last year about who is designated as a joint employer and why, is right back at the drawing board with an administrative move that puts the Browning-Ferris standard for joint employment back into effect.

Earlier this week, the NLRB issued an Order vacating the Board's “decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017), in light of the determination by the Board’s Designated Agency Ethics Official that Member William J. Emanuel is, and should have been, disqualified from participating in this proceeding.”

 “Because the Board's Decision and Order in Hy-Brand has been vacated, the overruling of the Board's decision in Browning-Ferris Industries, 362 NLRB No. 186 (2015), set forth therein is of no force or effect,” the announcement added.

The...

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