Joint Employer Key Food Can't Dodge Bargaining, NLRB Says

Law360 (October 17, 2019, 5:47 PM EDT) -- Supermarket chain Key Food qualifies as a joint employer of workers at nine former A&P grocery stores now under its corporate umbrella and can't avoid bargaining with their union, the National Labor Relations Board ruled, citing its controversial Browning-Ferris joint employer test.

A three-member panel unanimously held on Wednesday that Key Food Stores Co-op Inc., a cooperative of individually owned supermarkets, qualifies as a joint employer with each of the nine business entities that bought stores from Key Food that had been owned by now-defunct The Great Atlantic and Pacific Tea Co., better known as A&P. The owners of the individual...

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