NLRB Joint-Employer Rule Likely Headed For Appellate Review

Law360, New York (January 13, 2016, 5:32 PM EST) -- The National Labor Relations Board's new joint-employer standard is likely headed to an appeals court, after the board's ruling on Tuesday that Browning-Ferris and staffing agency Leadpoint, the parties in the case central to the new standard, unlawfully refused to bargain with the Teamsters.

The ruling came four months after the NLRB adopted a looser joint-employer test and determined that Browning-Ferris Industries of California Inc. is a joint employer of recycling workers provided by staffing agency Leadpoint Business Services Inc. The workers had certified the union after votes were tallied a week after the joint-employer ruling.

"Specifically, having found that the respondent has failed...

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