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NLRB counsel says board mishandled recusal process in joint-employment case (Bloomberg BNA)

April 09, 2018

National Labor Relations Board General Counsel Peter Robb said the board mishandled the recusal of member William Emanuel in the Hy-Brand Industrial Contractors case this year that overturned the ruling on joint employment in the Browning-Ferris case from 2015, Bloomberg BNA reported. The NLRB inspector general said Emanuel should have recused himself, so the board vacated the Hy-Brand decision, leaving the Browning-Ferris ruling in place. However, Robb said he believes Emanuel should be allowed to make his own decision about whether he should be recused.