NLRB's McFerran Slams Majority In Browning-Ferris Redux

Law360 (February 12, 2021, 6:31 PM EST) -- A National Labor Relations Board panel has declined to reconsider a decision clearing recycling company Browning-Ferris Industries of liability in the case the Obama-era board used to debut a revamped joint employment test, prompting a sharp dissent from the board's new chairman.

Chairman Lauren McFerran, the board's sole Democrat, on Thursday accused her Republican colleagues of disobeying the D.C. Circuit in a July ruling that faulted a prior Democratic majority for retroactively applying its new test to BFI. The Republican majority had previously overturned the revamped test in a February 2020 rule.

"The current board majority simply can't pass up any...

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