Main Content
NLRB Ethics Report, Nov. 19, 2019
From law firm website/summary:
In 2018, the NLRB faced a high-profile ethical crisis. The Board vacated a significant decision, Hy-Brand Industrial Contractors, Ltd., 366 NLRB No. 93 (2018), in which it overruled Browning-Ferris, 362 NLRB No. 186 (2015), and reinstated the previous, more employer-friendly, test for determining joint employer status. The Board vacated the decision after a finding by the NLRB’s Designated Agency Ethics Official that NLRB member William Emanuel should have been disqualified from participating in the proceeding. Although the circumstances were uncommon, and initially cleared Board conflict check mechanisms, the controversy was an embarrassment for the Board. Chairman John Ring ordered a thorough review, resulting in issuance of the Report.
The Report itself has been deleted from the internet. OGE's reaction to the Report is provided in the next document in the casebook.
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