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IEC Joins Amicus in McDonald’s Joint Employer Case

IEC recently joined an amicus brief filed by the Coalition for a Democratic Workplace (CDW) to the National Labor Relations Board (NLRB), asking that it reject the Service Employees International Union (SEIU) request to have Chairman John Ring and Member William Emanuel recuse themselves from ruling on a McDonald’s joint employer settlement agreement. The McDonald’s settlement was recently rejected by a NLRB administrative law judge and has been appealed to the full Board. The Union believes that the two members should recuse themselves because they previously worked at law firms that both had “entered agreements to help McDonald’s counter the campaign” to unionize the company. The CDW amicus counters that this is flawed, since neither individual, nor their employer, actively represented McDonald’s in the two years before joining the Board. Agreeing to the Union’s request would set an extremely broad and damaging precedent for deciding almost all future cases that come before the NLRB.