NLRB v. Nexstar Broadcasting, Inc., 4f4th801

Nexstar purchased KOIN (Portland) and adopted the existing collective bargaining agreement (CBA); the CBA expired on September 8, 2017 after unsuccessful successor negotiations.
After expiration, Nexstar unilaterally began (1) requiring annual motor-vehicle/driving-history checks (previously only after on‑the‑job accidents) and (2) posting work schedules two weeks in advance (practice had been posting four months in advance).
The Union (NABET-CWA Local 51) filed unfair-labor-practice charges; the NLRB General Counsel issued a complaint and the parties stipulated facts for an ALJ.
The ALJ and the NLRB found Nexstar violated NLRA § 8(a)(1) and (5) by changing terms without bargaining to impasse; the NLRB applied a rule requiring explicit surviving-contract language for post‑expiration unilateral changes.
Nexstar argued the “contract coverage” doctrine (broad contractual management-rights language suffices); the Board rejected that for post‑expiration changes and ordered rescission, bargaining, and remedial notices.
The Ninth Circuit granted the NLRB’s petition for enforcement, holding that expired CBAs do not permit unilateral post‑expiration changes absent explicit survival language and rejecting Nexstar’s arbitration and contract‑coverage contentions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether employer may make unilateral post‑expiration changes based on contract coverage	NLRB: status quo must be maintained after expiration; contract coverage does not apply post‑expiration	Nexstar: broad CBA management‑rights language (contract coverage) allows unilateral changes after expiration	Held: No — post‑expiration changes require explicit surviving‑contract language; contract‑coverage theory does not apply after expiration
Whether the CBA contained a waiver/survival clause permitting changes	NLRB: no clear, explicit language extending management rights beyond expiration	Nexstar: zipper clause, work‑hours, travel, and complete‑agreement clauses suffice	Held: No — general/boilerplate clauses do not constitute explicit post‑expiration waiver
Whether the dispute was arbitrable	NLRB: arbitration clause expired with the CBA; post‑expiration policy changes are not arbitrable	Nexstar: Board should have referred dispute to arbitration under CBA	Held: Not arbitrable — arbitration duty is contractual and expires with the CBA unless rights vested before expiration
Standard of review / deference to Board’s CBA interpretation	NLRB: Board’s interpretation entitled to deference if rational and consistent with the Act	Nexstar: challenged the Board’s interpretation and policy choice	Held: Court defers to NLRB where its interpretation is reasonable and consistent with NLRA and precedent

Litton Fin. Printing Div. v. NLRB, 501 U.S. 190 (explicit agreement required for contract rights to survive expiration)
NLRB v. Katz, 369 U.S. 736 (status‑quo bargaining rule; preserve terms during negotiations)
M&G Polymers USA, LLC v. Tackett, 574 U.S. 427 (ordinary contract principles govern CBA interpretation)
NLRB v. C&C Plywood Corp., 385 U.S. 421 (Board interprets CBAs in unfair‑labor‑practice context)
NLRB v. Carilli, 648 F.2d 1206 (9th Cir.) (status quo survives expiration for wages/working conditions)
Tramont Mfg., LLC v. NLRB, 890 F.3d 1114 (D.C. Cir.) (upholding Board’s use of clear‑and‑unmistakable waiver standard post‑expiration)
Wilkes‑Barre Hosp. Co. v. NLRB, 857 F.3d 364 (D.C. Cir.) (general contract language insufficient to show post‑expiration waiver)
Local Joint Exec. Bd. of Las Vegas v. NLRB, 515 F.3d 942 (9th Cir.) (Board’s NLRA interpretations entitled to deference if rational)