About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (January 18, 2018)

handle is hein.crs/crsmthmbdqf0001 and id is 1 raw text is: Congressional _______ ~ Research Service - a I nforminng the Iegislative debate since 1914 NLRB Rejects Former Standards Following Appointment of New Members Jon 0. Shimabukuro Legislative Attorney January 18, 2018 With two new members appointed by President Trump, a newly constituted National Labor Relations Board (NLRB or Board) issued a series of significant decisions in the waning days of 2017. These decisions overturned several rulings issued during the Obama Administration that were heavily criticized by the U.S. Chamber of Commerce and others in the business community. Two NRLB decisions in particular- Hy-Brand Industrial Contractors, Ltd. and PCC Structurals, Inc. - are notable because they reversed earlier rulings, which had prompted the introduction of legislation in the 115th Congress - the Save Local Business Act (H.R. 3441) and the Representation Fairness Restoration Act (S. 1217/H.R. 2629) - aimed at wiping out the Obama-era rulings. In light of these recent decisions, proponents of the bills could conclude that further consideration of the measures is not needed. However, because the bills would prescribe additional standards beyond what was addressed by the Board, some might contend that enactment of the legislation is still warranted. In Hy-Brand, the NLRB overturned its 2015 decision, Browning-Ferris Industries of California, which held that two or more entities would be considered to be joint employers of a single work force if they were employers at common law and they shared or codetermined matters governing the employees' essential terms and conditions of employment. In Browning-Ferris, the NLRB indicated that joint employer status could be established even if an entity's control over employment matters was indirect or reserved by contract. In Hy-Brand, however, the Board maintained that the joint employer standard established by Browning-Ferris was contrary to the National Labor Relations Act (NLRA) and distorted the common law that had been developed by the NLRB and courts. In particular, the Board emphasized that evidence of direct and immediate control is essential to a finding of joint-employer status under common law. In overruling Browning-Ferris, the Board indicated in Hy-Brand that it would use its prior standard to determine whether two or more entities are joint employers: [A] finding of joint-employer status shall once again require proof that putative joint employer entities have exercised joint control over essential Congressional Research Service 7-5700 www.crs.gov LSB10062 CRS Legal Sidebar Prepared for Members and Committees of Conaress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most