It was the decision that was . . . until it wasn’t, of course. And now, the plaintiff in that case, Hy-Brand Industrial Contractors has asked the National Labor Relations Board to reinstate its original decision, which the Board vacated in February – a decision in favor of Hy-Brand and one that overturned the new Obama joint employer definition. In its motion to reinstate, filed last Wednesday, Hy-Brand argued that member William Emanuel, an attorney whose firm had represented parties in the original Browning-Ferris case, had not been personally involved in the case and therefore did not need to recuse himself from its deliberations. To buttress their position, Hy-Brand cited an instance in 2010, when former board member Craig Becker participated in an SEIU Local 1199 case, despite having previously served as SEIU associate general counsel. He didn’t recuse himself from the decision because he claimed he had never represented that particular local directly! Isn’t what’s good for the goose, good for the gander as well??