Browning-Ferris Industries of California, Inc., d/b/a BFI Newby Island Recyclery

BFI Newby Island Recyclery (BFI) (defendant) directly employed 60 unionized workers and separately received sorting and cleaning workers supplied by Leadpoint Business Services; BFI set required qualifications for Leadpoint's workers and could reject any Leadpoint worker with or without cause, while Leadpoint handled discipline and set wages (though capped from exceeding what BFI paid its own comparable employees). BFI dictated shift timing, length, and break scheduling for the Leadpoint workers, while Leadpoint assigned which of its employees worked each shift; BFI also controlled essentially all workflow decisions on the recycling floor, including which streams to run and how fast. The union (plaintiff) petitioned the NLRB to represent the Leadpoint sorters and cleaners alongside BFI's own employees, arguing BFI and Leadpoint were joint employers.