NLRB Decisions Contradictory, CNN Claims in Labor Law Fight
Recent National Labor Relations Board rulings back CNN's position in an appeal of a 2015 NLRB order requiring the network to hire more than 100 laid-off Team Video Services (TVS) workers (see 1604110021), CNN said in filings (see here and…
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here, in Pacer) Wednesday in the U.S. Court of Appeals for the D.C. Circuit. CNN said two 2016 NLRB decisions (see here and here) show its position in the CNN petition for review -- that direct and immediate control isn't a requirement for joint-employer liability -- is inconsistent with other board decisions. CNN also said a November brief filed by the NLRB in a legal challenge to its 2015 Browning-Ferris Industries of California decision acknowledges that Browning-Ferris overruled past decisions, and said the board's new position contradicts the position it's taking in the CNN case. The NLRB didn't comment Thursday. Oral argument in the case is scheduled for Feb. 23 before D.C. Circuit Judges Merrick Garland, Brett Kavanaugh and Cornelia Pillard. The appeal stems from a 2007 complaint against CNN alleging workers unfairly lost jobs after the company took over news operations in New York and the District of Columbia from TVS (see 0704130138).