NLRB Tilts to 3-2 GOP Majority With Confirmation of Emanuel
Author: Michael Cardman, XpertHR Legal Editor
September 26, 2017
The US Senate has confirmed management-side attorney William Emanuel to a five-year term on the National Labor Relations Board (NLRB).
With this majority, the board will likely take a more employer-friendly approach. It is expected to walk back its 2015 Browning-Ferris decision, in which the board ruled it would no longer require direct and immediate control over terms and conditions of employment to establish a joint-employer relationship. As a result, more companies can be held liable for violations of the National Labor Relations Act (NLRA) committed by franchisees and contractors.
However, the AFL-CIO opposed Emanuel, saying it was not confident he would "vigorously enforce the NLRA consistent with the law's purpose of protecting workers' right to organize and promoting collective bargaining."