NLRB’s General Counsel Responds To Congressional Inquiries
On
November 4 and 10, 2014, the NLRB’s General Counsel, Richard Griffen, responded
to two different letters from members of Congress. These letters requested Griffen’s explanation
for why he believes that the NLRB should depart from its current joint employer
standard and hold a franchisor liable as a joint employer of its franchisee’s
employees.
In
Griffen’s response, he referred members to his office’s amicus brief in the
pending Browning Ferris case in
California. He also stated that
McDonald’s, the first franchisor targeted under his leadership, would be
afforded due process protections and a fair trial. Finally, he stated that the McDonald’s case
was evaluated under the current joint employer test, not the one that his office
proposed in its Browning Ferris
amicus brief. This statement seems to
back peddle from his previous announcement.
The
NLRB’s decision in the Browning Ferris
case is expected before December 16, 2014, when one of the members term
expires.
