A federal appeals court appeared split on Tuesday over whether to remand a case involving a major Obama-era National Labor Relations Board decision that made it easier to hold companies jointly liable for labor law violations by their contractors or franchisees.
During oral argument at the U.S. Court of Appeals for the D.C. Circuit, one member of the three-judge panel signaled he wants to grant sanitation company Browning-Ferris Industries Inc’s request to send the case back to the NLRB, while another seemed inclined to hold onto the case and decide it, as the board has urged. The third judge remained silent throughout.
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