The National Labor Relations Board (NLRB) voted 3-0 to vacate their decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017) on the basis that the Board’s Designated Agency Ethics Official determined Emanuel should have been disqualified from participating in the Hy-Brand proceeding. Emanuel did not participate in the vote.
As a result of this vote, the overruling of the Board’s decision in Browning-Ferris Industries, 362 NLRB No. 186 (2015) is no longer in effect.
Will this mean the return of Obama era joint-employer?
Read the press release here.
