N.L.R.B. v. CNN AMERICA, INC.

No. 15-1112 Consolidated with 15-1209.

865 F.3d 740 (2017)

NATIONAL LABOR RELATIONS BOARD, Petitioner v. CNN AMERICA, INC., Respondent. National Association of Broadcast Employees and Technicians-Communications Workers of America, Local Union No. 11 and National Association of Broadcast Employees and Technicians-Communications Workers of America, Local Union No. 31, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 4, 2017.


Attorney(s) appearing for the Case

Kannon K. Shanmugam , Washington, DC, argued the cause for CNN America, Inc. With him on the briefs were Kevin T. Baine , Paul Mogin , Washington, DC, and Zachary D. Fasman , New York, NY.

Maurice Baskin , Michael J. Lotito , San Francisco, CA, and Elizabeth Parry , Walnut Creek, CA, were on the brief for amici curiae Chamber of Commerce of the United States of America, et al. in support of CNN America.

Joan E. Hoyte-Hayes , Supervisory Attorney, National Labor Relations Board, argued the cause for the National Labor Relations Board. With her on the brief were Richard F. Griffin, Jr. , General Counsel, John H. Ferguson , Associate General Counsel, and Linda Dreeben , Deputy Associate General Counsel. Usha Dheenan , Attorney, Ashland, OH, entered an appearance.

Keith R. Bolek , Washington, DC, argued the cause for intervenors. With him on the brief was Patricia McConnell , New York, NY.

Opinion concurring in Parts II and V and dissenting in part filed by Circuit Judge Kavanaugh.


For many years, Cable News Network (CNN) used outside contractors to provide technicians to operate the electronic equipment at its Washington, D.C. and New York City bureaus. In 2003, CNN changed that longstanding arrangement, terminating its latest contracts and hiring a new in-house workforce. The National Labor Relations...

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