• The NLRB’s Browning-Ferris “Joint Employer” Test is Subjected to Court Scrutiny
  • May 18, 2017 | Author: Aaron C. Schlesinger
  • Law Firm: Peckar & Abramson A Professional Corporation - New York Office
  • The National Labor Relations Board’s defi nition of what constitutes a “joint employer,” as expanded in the 2015 case Browning-Ferris Industries of California Inc., faced intense scrutiny during oral argument of an appeal of that decision this past Thursday before the D.C. Circuit Court of Appeals. Being deemed a “joint employer” has been of particular concern for separate unrelated businesses linked for business purposes to a common group of employees where one only operates on a union basis, since such a determination renders the nonunion entity bound to the relevant collective bargaining agreement. No decision on the appeal has been issued at this time; however, the comments from the bench during oral argument may signal a potential retreat from the Brown-Ferris ruling. A decision from the court will likely take several months.