Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the spring 2018 issue of the Practical NLRB Advisor . This issue examines the evolution of the controversial joint-employer saga as it develops at the National Labor Relations Board (NLRB). Readers will recall that in December 2017, among the many important decisions the NLRB issued at the end of then-chairman Philip Miscimarra’s term was Hy-Brand Industrial Contractors, Ltd., which overturned the Board’s controversial decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery from 2015.
Browning-Ferris was the law of the land for just two years before being overturned by Hy-Brand. Now, Hy-Brand has been vacated just two months after it was issued. The reason: NLRB Inspector General (IG) David Berry issued a memorandum in which he unilaterally determined that Board Member William Emanuel, who voted with the majority in the divided Hy-Brand decision, should have recused himself from the case.
This issue of the Practical NLRB Advisor discusses these and other recent controversies facing the Board, which, with the confirmation of John F. Ring, once again has a 3–2 Republican majority. In addition to the joint-employer cases, Emanuel’s recusal, questions about the IG’s authority, and Ring’s confirmation, the spring issue also tackles NRLB General Counsel Peter B. Robb’s March 2018 memorandum as well as other recent labor developments in the form of legislation, Board decisions, and circuit court cases.