Catherwood LibraryILR School

Following the reversal of a 2015 pro-labor ruling by the NLRB, questions of conflicts of interest surrounding Trump-appointed NLRB member William Emanuel are being raised by NLRB Inspector General David Berry. The 2015 ruling made it easier for workers to hold large corporations liable for the actions of their franchisees and staffing companies, as it broadened the definition of a “joint employer”. This ruling effectively made it so that the union-busting or abusive actions of a joint employer would imply legal liability for the larger corporation behind the layers of employment, understandably leading to a lot of concern from massive companies that often avoid accountability in these situations. NLRB Inspector General Berry has claimed that the reversal of this ruling was corrupt as William Emanuel, a former attorney for Browning-Ferris, the joint employer that lost the 2015 ruling, was one of the deciding votes on the matter. It is argued that Emanuel should have recused himself from the vote given that the matter would clearly benefit a past client. The issue of Emanuel’s vote poses a critical question regarding how to deal with conflict of interest in NLRB rulings to come.