March 2, 2018 / 2:24 AM / 9 months ago

NLRB asks D.C. Circuit to take back Browning-Ferris case

An ongoing saga over the National Labor Relations Board’s standard for determining joint employment took another turn on Thursday, with the board calling on a U.S. appeals court to wade back into the fray.

The board asked the U.S. Court of Appeals for the D.C. Circuit to recall a case involving Browning-Ferris Industries that it had agreed to remand to it in December, after the NLRB in a separate case that month adopted a new standard for determining when companies are liable for labor law violations by contractors and franchisees. The board vacated the recent decision on Monday in light of Member William Emanuel’s conflict of interest, so the court should undo the remand, the agency’s lawyers said.

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