NLRB Demands Republic Services/Browning-Ferris Bargain with Teamsters Local 350

Board’s Decision Ends Landmark Joint Employer Dispute after Lengthy Battle

The National Labor Relations Board (NLRB) has ended a lengthy joint employer dispute between the multibillion-dollar waste giant Republic Services and Teamsters Local 350, ruling in the union’s favor.

Over a decade ago, 200 workers at Republic Services — at the time doing business as Browning Ferris — voted to join Local 350. Republic claimed the workers were employed by a third-party staffing agency, Leadpoint Business Services, and refused repeated demands to recognize the group’s union. The NLRB ruling definitively mandates that Republic must negotiate with Local 350 as the unit’s bargaining representative.

“This win is a major milestone that will be remembered for decades as one of our union’s many contributions to the collective fight for workers’ rights. And it only happened because of the unity and resilience of these workers — who are finally, officially Teamsters,” said Robert Sandoval, Secretary-Treasurer of Local 350. “Teamsters always say one day longer is one day stronger. This unit exemplified that, never losing sight of victory.”

Corporations often resist being labeled as a “joint employer” as a form of union busting. They do this to dodge their responsibility to bargain with workers by using “third-party” companies to fill positions. Republic employed this tactic at the Milpitas, Calif., facility despite maintaining total operational control over the workplace.

“Republic Services is one of the nastiest companies in America. They blew hundreds of thousands of dollars and dragged out this fight as long as possible, all in a failed attempt to deny workers their rights,” said Victor Mineros, Director of the Teamsters Solid Waste and Recycling Division. “We are grateful to the NLRB for forcing this multibillion-dollar corporation to comply with the law. The Teamsters look forward to providing these workers the strong representation and support they want and deserve as they bargain their first contract.”

The final ruling is the culmination of hard work by dozens of labor leaders — including Robert Morales, former Secretary-Treasurer of Local 350 — to ensure workers are recognized by companies when they form a union.

Teamsters Local 350 represents members in the public sector and solid waste, recycling, and linen industries, and in San Francisco, San Mateo, Santa Clara, and San Benito Counties. For more information, please visit teamsters350.com.