On July 29, the U.S. Court of Appeals for the District of Columbia Circuit overturned National Labor Relations Board (NLRB) rulings that Browning-Ferris Industries of California wasn't a joint employer, reviving a dispute that may ultimately influence planned rulemaking on the definition of who is a joint employer.
Browning-Ferris does business as Newby Island Recyclery, and employs about 60 workers in Milpitas, Calif. Browning-Ferris contracts with Leadpoint Business Services, which provides Browning Ferris with approximately 240 additional recyclery workers. In 2013, Sanitary Truck Drivers and Helpers Local 350, International Brotherhood of Teamsters filed a petition with the NLRB to represent Leadpoint's recyclery workers and asserted that Browning-Ferris and Leadpoint are joint employers of Leadpoint's workers, making Browning-Ferris workers represented by the union as well. Browning-Ferris rejected this contention and this long-running litigation, which now has been sent back to the NLRB, ensued.
We've gathered articles on the news from SHRM Online and other outlets.
'Multiple Overlapping Errors'
The NLRB made "multiple overlapping errors" when it declined to apply an Obama-era standard for joint employment to decide whether Browning-Ferris co-employed Leadpoint Business Services employees, the D.C. Circuit ruled.
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