Labor Board Ethics Drama Sends Big Case Back to Court

An appeals court in Washington won’t decide what to do with the controversial Browning-Ferris case until the National Labor Relations Board resolves a related dispute clouded by ethics concerns.

Both cases center on one of the most contentious labor law questions in recent years: When can one business be considered a “joint employer” of another’s workers? The NLRB recently changed its mind on the answer in the Hy-Brand Industrial Contractors case, and then promptly scrapped that decision because of conflicts-of-interest concerns dogging Member William Emanuel (R).

The U.S. District Court for the District of Columbia said late April 6 that ...