Breaking News: NLRB reverts to Obama joint employer standard

The National Labor Relations Board today withdrew its December decision overturning the Obama-era joint employment standard — a stunning reversal set in motion by questions of ethical misconduct surrounding one of the board’s newest members, according to POLITICO Pro.

The decision to withdraw the Dec. 14 Hy-brand ruling came after an inspector general report said that board member William Emanuel had a conflict of interests when he participated in Hy-brand because of the involvement of his former law firm in Browning-Ferris, the 2015 decision that Hy-brand reversed. Browning-Ferris made it easier to hold companies liable for labor violations committed by their franchisees or contractors.

“The board’s designated agency ethics official has determined that member Emanuel is, and should have been, disqualified from participating in this proceeding,” the board said today. “After careful consideration, and exercising the board’s authority under section 102.48(c) of the board’s rules and regulations and section 10(d) of the act, we have decided to grant the charging parties’ motion in part and to vacate and set aside the board’s December 14, 2017 decision and order.”

“Because we vacate the board’s earlier decision and order, the overruling of the Browning-Ferris decision is of no force or effect,” the board said.

The release from the Board came out at 3 PM today and is shown in full below.

Board Vacates Hy-Brand Decision

Washington, DC — The National Labor Relations Board (3-0, Member Emanuel did not participate) today 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 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.