Board Issues Decision in Browning-Ferris Industries

[Omaha Steve]

Source: NLRB

In a 3-2 decision involving Browning-Ferris Industries of California, the National Labor Relations Board refined its standard for determining joint-employer status. The revised standard is designed “to better effectuate the purposes of the Act in the current economic landscape.” With more than 2.87 million of the nation’s workers employed through temporary agencies in August 2014, the Board held that its previous joint employer standard has failed to keep pace with changes in the workplace and economic circumstances.

In the decision, the Board applies long-established principles to find that two or more entities are joint employers of a single workforce if (1) they are both employers within the meaning of the common law; and (2) they share or codetermine those matters governing the essential terms and conditions of employment. In evaluating whether an employer possesses sufficient control over employees to qualify as a joint employer, the Board will – among other factors -- consider whether an employer has exercised control over terms and conditions of employment indirectly through an intermediary, or whether it has reserved the authority to do so.

In its decision, the Board found that BFI was a joint employer with Leadpoint, the company that supplied employees to BFI to perform various work functions for BFI, including cleaning and sorting of recycled products. In finding that BFI was a joint employer with Leadpoint, the Board relied on indirect and direct control that BFI possessed over essential terms and conditions of employment of the employees supplied by Leadpoint as well as BFI’s reserved authority to control such terms and conditions.

The Board ordered that within 14 days the ballots that were impounded on April 25, 2014 shall be counted and the appropriate certification issued.

Board Chairman Mark Gaston Pearce was joined by Members Kent Y. Hirozawa and Lauren McFerran in the majority opinion; Members Philip A. Miscimarra and Harry I. Johnson III dissented.

Copyright exempt.

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www.nlrb.gov

August 27, 2015


Read more: https://www.nlrb.gov/news-outreach/news-story/board-issues-decision-browning-ferris-industries

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I believe this will make it easier to unionize McDonald's employees!!!

[jtuck004]

1. "or whether it has reserved the authority to do so" < this seems important, and provides good

leverage.

[Wellstone ruled]

2. Yes!!!!!! About time the NLRB grew a pair.

Finally a Labor ruling that is overturned from the Raygun years. Double breasting contacts will now come under challenge. About time. No more 1972 to 1980 weak sister deals. This is Historic. Watch out Wal Mart cause you and other retail wholesale warehouses are next.