NLRB General Counsel Acknowledges Legal Stumbling Block in Joint Employment Issue, Highlights Priorities

Speaking at a West Virginia University College of Law event last week, National Labor Relations Board General Counsel Richard F. Griffin, Jr. pointed out the pitfalls in his office’s argument that franchisors should be named in unfair labor practice charge complaints as joint employers with their franchisees. According to Griffin, “we have a problem legally for our theory.” In July, Griffin surprised many by announcing that his office intends to name a parent franchisor as a respondent in cases involving alleged unfair labor practices committed by franchisees if a settlement is not reached. This decision caused an uproar in the business community – as discussed extensively during a September congressional subcommittee hearing – because it would make significant changes to the franchise model.