Democrats Urge Labor Board Member William Emanuel to Explain Conflicts of Interest on Decision to Weaken Workers’ Rights, Shield Corporations from Responsibility

As originally released by the Committee on Education and the Workforce, Democrats

WASHINGTON, DC– Representatives Bobby Scott (D-VA), Gregorio Kilili Camacho Sablan (D-MP), and Donald Norcross (D-NJ), and U.S. Senators Patty Murray (D-WA), Elizabeth Warren (D-MA), and Maggie Hassan (D-NH), sent a letter asking National Labor Relations Board (NLRB) member William Emanuel to clarify whether he violated federal regulations and the Trump Administration ethics pledge by participating in an eleventh-hour decision involving the "joint employer" standard. In a December vote, the NLRB weakened workers' right to collectively bargain and shielded large corporate employers from liability. Member Emanuel participated in the vote to overturn the joint employer standard and in a separate vote to bring the joint employer case back to the Board, despite the fact that his former law firm represents one of the employers in the case.

"By participating in the Board's action to bring [the Browning Ferris case] back to the Board, you are likely in violation of both federal regulations and the Administration's Ethics pledge,"wrote the Members of Congress.

Both the Trump administration ethics pledge and federal regulations prohibit employees from participating in matters involving former employers. In a response to a Congressional inquiry of Emanuel's actions, Emanuel claimed he was unaware his former law firm represented a party in the case that established the joint employer standard, Browning Ferris Industries (BFI)—despite this case being widely known as one of the most consequential labor cases of the past decade. This claim is also in direct contradiction of Emanuel's written responses to Senator Murray's questions during his confirmation process, where he listed BFIas a client of his law firm.

In addition to his direct involvement in the BFI remand case, Emanuel voted to overturn BFIin the Hy-Brand Industrial Contractors case. These decisions were rushed out of the Board days before the NLRB Chair's term expired late in December.

The full text of the letter can be found here.

Emanuel's responses to Senator Murray's questions for the record, referenced in the letter below, can be found here.