Unions Back NLRB in CNN Appeal
That CNN had "significant, direct and day-to-day control" over the working conditions and assignments of technical workers is proof the company was their joint employer alongside Team Video Services, so the National Labor Relations Board properly applied the joint employer…
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standard in its 2015 order that more than 100 laid-off workers be rehired, labor unions said in a joint intervenor brief (in Pacer) Friday before the U.S. Court of Appeals for the D.C. Circuit. NLRB is seeking a court order enforcing its order, and denial of CNN's cross-petition for review (see 1604110021). The unions -- National Association of Broadcast Employees and Technicians locals 11 and 31 -- also argued those reinstatements aren't unduly burdensome because technology may have changed in those positions, such as photojournalist and studio operator, but "the fundamental nature of the positions ... remains unchanged." The unions also disputed CNN's argument that the NLRB order is punitive in requiring 12 years' worth of back pay and benefits to those laid off in 2003. "The consequences of unlawful conduct are not a penalty, and any harm is largely self inflicted," they said. Oral argument hasn't been scheduled. CNN didn't comment.