N.L.R.B. v. BROWNING-FERRIS INDUSTRIES, ETC.

No. 82-3022.

691 F.2d 1117 (1982)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BROWNING-FERRIS INDUSTRIES OF PENNSYLVANIA, INC., Respondent.

United States Court of Appeals, Third Circuit.

Decided October 28, 1982.


Attorney(s) appearing for the Case

John P. Coyle, (argued), Carol A. De Deo, Lawrence J. Song, William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., for petitioner.

James A. Prozzi (argued), Lubow & Prozzi, P. E., Pittsburgh, Pa., for respondent.

Before SEITZ, Chief Judge, ROSENN, Senior Circuit Judge, and GARTH, Circuit Judge.


OPINION OF THE COURT

GARTH, Circuit Judge.

The sole issue on this appeal is whether Browning-Ferris Industries of Pennsylvania, Inc. (BFI) is a "joint employer" within the meaning of the National Labor Relations Act (NLRA). Thus, we are required to define the standard to be utilized in making this determination.

The National Labor Relations Board (NLRB) determined that BFI was a "joint employer." It then held that BFI had engaged in unfair labor...

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