As was discussed in a previous blog post, which can be found HERE, on December 14th, the NLRB in Hy-Brand Industrial Contractors overturned its decision in Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“Browning-Ferris”) in a 3-2 decision.

Thereafter, on February 26, 2018, the NLRB vacated its decision in Hy-Brand, thereby reinstating Browning-Ferris. The Board's Agency Ethics Official determined that one of the members who voted in favor of overturning Browning-Ferris was disqualified from voting. More specifically, Board Member William Emmanuel was previously an attorney and partner at a law firm that participated in the original Browning-Ferris case.

Thus, as of now, Browning-Ferris remains in full force and effect. A copy of the Board's decision vacating Hy-Brand can be read HERE.