The suit contends the NLRB has violated the National Labor Relations Act and is acting arbitrarily and capriciously in violation of the Administrative Procedure Act.
The standard is used to determine when two or more employers are jointly responsible for a shared group of workers’ essential terms and conditions of employment and thus jointly liable for violations of the National Labor Relations Act and have joint bargaining responsibilities for unionized employees.
Proposed Rule Would Provide Clarity, Certainty to Businesses