NBCUniversal Media, LLC v. National Labor Relations Board
421 U.S. App. D.C. 255
| D.C. Cir. | 2016Background
- NBCU master agreement 2006-2009 covers NBC-owned stations; Content Producer position created during 2008-2009 reorganization shifting unit work to non-bargaining-unit Content Producers.
- Content Producers perform both non-bargaining-unit tasks and bargaining-unit work historically done by Editors, Camera Operators, and Newswriters; number of Editors/Newswriters declined as Content Producers grew.
- NABET filed unit clarification petitions in 2009-2010 seeking a single nationwide bargaining unit including Content Producers; petitions consolidated for hearing.
- ARD for Region 2 issued a Clarification Decision (Oct. 26, 2011) largely granting unit-wide status and including Content Producers in the nationwide unit.
- NBC petitioned for Board review; Board denied review; NBC then refused to bargain and asserted the Clarification Decision was erroneous.
- Board issued a Decision and Order (Apr. 7, 2014) finding NBC violated §§ 8(a)(1), (5) by refusing to bargain/information and ordered NBC to recognize and bargain with NABET; NBC petitioned for review and Board cross-petitioned for enforcement; this court remands for clarification without addressing merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether all NBCU employees represented by NABET form a single nationwide unit. | NBC contends a single national unit is not supported by the Master Agreement and that separate local units exist. | NABET contends the Master Agreement covers a single unit across locations; the ARD’s approach is correct. | Remand for Board clarification; unit determination not reviewed on merits here. |
| Appropriateness of applying Premcor versus community-of-interest standards to the single-unit question. | NBC argues Premcor applies; applying community-of-interest would exclude Content Producers. | NABET argues for Premcor as most appropriate given unit-wide context. | Remand; Board must apply proper precedent with explanation. |
| Adequacy of the Clarification Decision’s reasoning and reliance on extrinsic evidence. | NBC claims the ARD misread the Master Agreement language and relied on irrelevant extrinsic factors. | Remand; Board must provide a reasoned explanation consistent with precedent. | |
| Impact of Local 11 agreement and CBS/NBC/ NBC precedents on the unit decision. | NBC disputes the Local 11 agreement binding effect and CBS/NBC line of cases. | Remand; Board must address CBS/NBC/related precedents and Local 11 issues on remand. |
Key Cases Cited
- Louisiana Dock Co. v. NLRB, 293 NLRB 233 (1989) (Master-contract context; bargaining history useful where language unclear)
- Columbia Broadcasting System, Inc., 208 NLRB 825 (1974) (Holistic/unit-definition method; considers bargaining history and structure)
- National Broadcasting Co., 114 NLRB 1 (1955) (Multi-unit vs single-unit findings under master agreements)
- National Broadcasting Co., Inc., 114 NLRB 1 (1955) (Same core authority as NBC (1955) for unit determinations)
- American Broadcasting Co., 114 NLRB 7 (1955) (Holistic evaluation of bargaining history and language)
- American Can Co., 109 NLRB 1284 (1954) (Bargaining-history evidence in master-contract context)
- CBS (Columbia Broadcasting System), 208 NLRB 826 (1974) (Factors for assessing whether local supplements defeat national unit)