NLRB’s General Counsel Responds To Congressional Inquiries

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.