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NLRB’s Emanuel under fire for conflict of interest

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in Employment Law,Human Resources

National Labor Relations Board member William Emanuel should have recused himself from deliberations leading to the board’s December decision to overturn its 2015 Browning-Ferris ruling. That’s the conclusion of the NLRB’s inspector general, who said Emanuel had a conflict of interest because his former law firm, Littler Mendelson, represented one of the employers in Browning-Ferris, which at the time broadened the definition of a joint employer.

Emanuel was a Littler Mendelson partner at the time. He said he did not know the firm was involved in the case.

The inspector general’s report found “a serious and flagrant problem and/or deficiency” in the NLRB’s handling of conflict-of-interest issues. Board Chair Marvin Kaplan said the board would review its recusal procedures.

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