Joint Employers and Successorship: The NLRB Speaks

October 9, 2015

NLRB Speaks - LEL hosts expert panel on controversial NLRB decisions

ILR’s Labor and Employment Law Program hosted a panel discussion on Friday, Oct. 9, 2015, on “Joint Employers and Successorship: The NLRB Speaks” that analyzed two recently issued and hotly debated NLRB decisions: Browning Ferris on joint employers and GVS Properties on successorship.

“These decisions clarify the criteria concerning who is an employer within the meaning of the Act,” said Esta Bigler, Director of the Labor and Employment Program.

“Specifically, an employer with the ‘right to control’ its sub-contractor’s employees—whether exercised or not—is now covered, as is the purchaser of a business with a union in a jurisdiction with a worker retention law,” she said.

Lauren McFerran, Board Member, NLRB, and former Chief Labor Counsel and Deputy Staff Director for the Senate Committee on Health Education, Labor and Pensions (HELP), spoke about the decisions from the Board’s perspective.  Other speakers included Marshall B. Babson, Counsel, Seyfarth Shaw LLP, and former NLRB Member; James G. Paulsen, Regional Director, NLRB Region 29; and Daniel J. Ratner, Partner, Levy Ratner, P.C.

John Herzfeld of Bloomberg BNA Daily Labor Report covered the lively discussion within a recent article summarizing the program. Read his article here.

Program Summary:

The NLRB recently issued two important and hotly debated decisions: Browning Ferris on joint employers and GVS Properties on successorship. These decisions clarify the criteria concerning who is an employer within the meaning of the Act.  Specifically, an employer with the “right to control” its sub-contractor’s employees—whether exercised or not—is now covered, as is the purchaser of a business with a union in a jurisdiction with a worker retention law. Are these rulings part of the NLRB’s keeping current with the economic realities of business and employee relations in the 21st century or going beyond Board precedent? What are the ramifications of these decisions for workers, unions and employers? Also, an inside look at how Congress views the NLRB and its response to these decisions.

Our panel of experts:

  • Lauren McFerran, Board Member, NLRB, and former Chief Labor Counsel and Deputy Staff Director for the Senate Committee on Health, Education, Labor, and Pensions (HELP Committee)
  • Marshall B. Babson, Counsel, Seyfarth Shaw LLP
  • Daniel J. Ratner, Partner, Levy Ratner, P.C.
  • James G. Paulsen, Regional Director, NLRB, Region 29

Agenda

Bios

Materials

CASES and BRIEFS

Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (2015).

Browning-Ferris Industries, Inc., Regional Director Decision, Case 32-RC-109684 (June 26, 2014).

Browning-Ferris Industries, Inc., American Federation of Labor and Congress of Industrial Organizations Amicus Brief.

Browning-Ferris Industries, Inc., American Staffing Association Amicus Brief.

Browning-Ferris Industries, Inc., Browning-Ferris Response Brief.

Browning-Ferris Industries, Inc., Chamber of Commerce Amicus Brief.

Browning-Ferris Industries, Inc., Coalition for a Democratic Workplace, American Hospital Association, American Hotel and Lodging Association, et al., Amicus Brief.

Browning-Ferris Industries, Inc., Council on Labor Law Equality Amicus Brief.

Browning-Ferris Industries, Inc., Driver Employer Council of America Amicus Brief.

Browning-Ferris Industries, Inc., General Counsel Amicus Brief.

Browning-Ferris Industries, Inc., International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts Amicus Brief.

Browning-Ferris Industries, Inc., Labor Relations and Research Center, University of Massachusetts, Amherst Amicus Brief.

Browning-Ferris Industries, Inc., Leadpoint Business Services Amicus Brief.

Browning-Ferris Industries, Inc., National Association of Manufacturers, National Restaurant Association, and National Waste & Recycling Association Amicus Brief.

Browning-Ferris Industries, Inc., National Council for Occupational Safety & Health, Communication Workers of America AFL-CIO, National Lawyers Guild Labor and Employment Committee, et al, Amicus Brief.

Browning-Ferris Industries, Inc., National Employment Law Project, Alliance for a Greater New York, et al, Amicus Brief.

Browning-Ferris Industries, Inc., Professors of Labor and Employment Law Amicus Brief.

Browning-Ferris Industries, Inc., Retail Litigation Center, Inc. Amicus Brief.

Browning-Ferris Industries, Inc., Sanitary Truck Drivers and Helpers Local 350, International Brotherhood of Teamsters Petitioner’s Responsive Brief.

Browning-Ferris Industries, Inc., Service Employees International Union Amicus Brief.

Browning-Ferris Industries of Pennsylvania Inc., 259 NLRB 148 (1981).