National Labor Relations Board Member William Emanuel should not have taken part in a major decision that changed the standard for determining joint employment because it affected a related case involving his former law firm, Littler Mendelson, the agency’s inspector general said.
NLRB Inspector General David Berry in a memo dated Feb. 9 and released on Tuesday said Emanuel’s involvement in the December decision in Hy-Brand Industrial Contractors highlighted a “serious and flagrant problem” with the way the board vetted potential conflicts of interest. Berry said he has not determined whether Emanuel engaged in misconduct. Emanuel was nominated to the board by President Trump and confirmed by the Senate in September of last year.
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