NLRB Repeats Argument CNN Violated Labor Law
Since CNN and Team Video Services (TVS) were joint employers of numerous technical workers, and CNN violated the National Labor Relations Act when it brought those technical jobs in house and then refused to hire former TVS workers, a court…
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should enforce the National Labor Relations Board's 2015 order that more than 100 employees be rehired and should deny CNN's cross-petition for review, the NLRB said in a petitioner brief (in Pacer) Friday before the U.S. Court of Appeals for the D.C. Circuit. The appeal stems from a 2007 complaint against CNN alleging workers unfairly lost jobs after CNN took over news operations in New York and the District of Columbia (see 0704130138). Backing CNN in a joint amicus brief (in Pacer) filed in February are the Coalition for a Democratic Workplace, International Franchise Association, National Association of Manufacturers, National Federation of Independent Businesses, National Restaurant Association and the U.S. Chamber of Commerce. NLRB in its brief said despite CNN and amicus curiae arguments the agency retroactively applied new joint employer law standards without acknowledging doing so, its 2015 Browning-Ferris Industries of California decision didn't set a new standard, it merely clarified the decades-old standard. In its brief, the NLRB also argued it properly ordered CNN to reinstate fired TVS workers and restore their employment terms and that CNN has shown no proof that its operations have changed in any meaningful way that would make reinstatement an undue burden. CNN didn't comment Monday.