BROWNING-FERRIS INDUSTRIES OF CALIFORNIA, INC. AND LEADPOINT BUSINESS SERVICES

​Issue: Labor/Employment
Agency: National Labor Relations Board

Questions Presented:
I. Under the Board's current joint-employer standard, is Leadpoint Business Services the sole employer of the petitioned-for employees?

II. Should the Board adhere to its existing joint-employer standard or adopt a new standard? What considerations should influence the Board's decision in this regard?

RLC's Position:
The RLC filed an amicus brief urging the National Labor Relations Board (NLRB) to adhere to its existing standard for determining joint-employer status under the National Labor Relations Act (NLRA). The current direct-control standard is consistent, predictable, and provides all stakeholders with clear expectations. Further, the current standard allows retailers to determine how to best run their businesses by not requiring them to negotiate with third-party employees, whom they do not employ.

Case Outcome: 
The Board issued a new joint-employer standard stating that two or more statutory employers are joint employers of the same statutory employees if they share or codetermine those matters governing the essential terms and conditions​ of employment.

Procedural History and Case Documents:

• NLRB Invitation to File Briefs released May 2014
• NLRB Decision issued August 2015

Please use the DOWNLOAD button below to access the RLC's Brief.