NLRB Under Trump Administration Overturns Browning-Ferris

As recently discussed in a previous blog post, two recent additions to the National Labor Relations Board (NLRB) - William Emanuel and Marvin Kaplan - joined Board Chairman Phil Miscimarra to form a Republican majority for the first time in a decade. The Board’s new configuration under the current administration jeopardizes recent labor-friendly Board decisions. This warning has, unfortunately, come true. On December 14th, the NLRB in Hy-Brand Industrial Contractors overturned its decision in Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“Browning-Ferris”) in a 3-2 decision. In Browning-Ferris, which was decided by the NLRB during the Obama Administration, the Board updated the stand

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