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Jenna Weisbord, 310-995-0839
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Trade Associations Oppose Efforts to Force Labor Board Member Recusals

(Washington, D.C., August 28) – The International Franchise Association (IFA) today joined more than 14 other business groups to file an amicus brief to the National Labor Relations Board (NLRB) to oppose efforts to force the recusal of two NLRB members in the pending McDonald’s joint-employer case.

Labor groups are calling for the recusal of NLRB chairman John Ring and member William Emanuel from the pending litigation, citing conflicts. Neither Ring nor Emanuel were engaged in the pending litigation prior to their service on the NLRB, but their recusal would allow for a Democratic majority to decide the case.

The brief states:

“Neither Chairman Ring nor Member Emanuel personally represented any of the parties in this matter during the two years prior to their appointments to the Board.  Neither of their former law firms served as counsel of record, or had any communications with the Board, on behalf of any parties in this matter.”

It further states that the filing organizations:

“…have an abiding interest not only in the proper development of the law under the National Labor Relations Act, but also in the efficient operation of the National Labor Relations Board, unhindered by unfounded and legally unsupported attempts to prevent the Board from making decisions in cases of national importance. 

“[…] wholly endorse the arguments made by McDonald’s USA, LLC (“McDonald’s”), in its opposition to the Motion to Recuse Chairman Ring and Member Emanuel filed by the Service Employees International Union (“SEIU” or “Union”).  McDonald’s arguments are well-founded and ineluctably lead to the conclusion that there is no basis whatsoever for either Chairman Ring or Member Emanuel to recuse themselves in this case, or in any case where any of the Board members are similarly situated as to the parties and law firms involved here.”

The McDonald’s NLRB trial began in 2015. In July, a judge rejected a proposed settlement between McDonald’s and the plaintiffs.

About the International Franchise Association

Celebrating 58 years of excellence, education, and advocacy, the International Franchise Association is the world’s oldest and largest organization representing franchising worldwide. IFA works through its government relations and public policy, media relations and educational programs to protect, enhance and promote franchising and the more than 733,000 franchise establishments that support nearly 7.6 million direct jobs, $674.3 billion of economic output for the U.S. economy and 2.5 percent of the Gross Domestic Product (GDP). IFA members include franchise companies in over 300 different business format categories, individual franchisees, and companies that support the industry in marketing, law, technology and business development.

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