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NLRB v. NEXSTAR BROADCASTING, INC.

No. 20-71480.

4 F.4th 801 (2021)

NATIONAL LABOR RELATIONS BOARD, Petitioner, National Association of Broadcast Employees & Technicians, The Broadcasting and Cable Television Workers Sector of the Communications Workers of America, Local 51, AFL-CIO, Intervenor, v. NEXSTAR BROADCASTING, INC., d/b/a KOIN-TV, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 12, 2021.

Attorney(s) appearing for the Case

Eric Weitz (argued) and Brady Francisco-Fitzmaurice , Attorneys; Usha Dheenan , Supervisory Attorney; David Habenstreit , Associate General Counsel; Ruth Burdick , Acting Deputy Associate General Counsel; Alice B. Stock , Deputy General Counsel; Peter B. Robb , General Counsel; National Labor Relations Board, Washington, D.C.; for Petitioner.

Anne I. Yen (argued) and David A. Rosenfeld , Weinberg Roger & Rosenfeld, Alameda, California, for Intervenor.

Charles W. Pautsch (argued), Associate Counsel, Nexstar Media Group Inc., Irving, Texas, for Respondent.

Before: Kim McLane Wardlaw and Andrew D. Hurwitz, Circuit Judges, and Susan R. Bolton, District Judge.

OPINION

The management of a television station and the union representing the station's employees entered into a collective bargaining agreement ("CBA"). When the CBA expired, management made two unilateral changes to the existing terms and conditions of employment. Subsections 8(a)(1) and (5) of the National Labor...

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