Now that Browning-Ferris Industries of California, Inc. (apparently now owned by Republic Services, Inc.), has been found to be a “joint employer” with its provider of temporary employees, the Teamsters local involved in the case has filed an unfair labor practice charge against the company, alleging refusal to bargain. Browning-Ferris is engaged in a “technical refusal to bargain” so that it can test the Board’s certification of the election and potentially take the joint employer issue to a U.S. Court of Appeals, where it has a chance of not being enforced. Assuming the Board and Browning-Ferris don’t resolve this dispute, the process would be for the General Counsel of the NLRB to issue a Board complaint and (in all likelihood) win before the Board. Then the NLRB could seek enforcement by, and Browning-Ferris would be able to seek review in, a federal appeals court.
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