NLRB’s Emanuel under fire for conflict of interest

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.