A trio of New Orleans-based federal appeals judges has affirmed a National Labor Relations Board bargaining order, solidifying its claim that the nation’s largest single licensee of broadcast television stations did not engage in fair negotiations with a union organization representing employees at its Denver properties.
The U.S. Court of Appeals for the Fifth Circuit released its judgment on Wednesday (10/15), upholding the NLRB’s determination that Nexstar Media Group violated two sections of the National Labor Relations Act at stations KDVR-TV “FOX 31” and KWGN-2, the Denver market’s home for The CW Network.
Nexstar filed its appeal of the NLRB decision in December 2024, using counsel from Constangy, Brooks, Smith & Prophete LLP in Dallas and St. Louis, respectively, in stating its case to the New Orleans-based Fifth Circuit.
The appeal was an attempt to reverse Nexstar’s defeat in a matter that originally involved a complaint lodged against the Perry Sook-helmed company by the National Association of Broadcast Employees & Technicians-Communications Workers of America, AFL-CIO.
It is the CWA that is at the heart of the dispute, as it issued a complaint in July 2024 alleging Nexstar violated Section 8(a)(5) of the NLRA by failing and refusing to recognize and bargain with the labor union following its certification at KDVR and KWGN.
Nexstar responded, admitting in part and denying in part the allegations presented by CWA. Specifically, the NLRB stated, Nexstar admitted that it has refused to bargain but asserted that it has no duty to bargain and contested the validity of the union’s certification. This was based on the company’s objections to the election and its contention that the bargaining unit includes statutory supervisors and improperly excludes certain employees.
The representation issue did not meet the NLRB’s merit, and ruled that Nexstar had not raised any litigable issues in the unfair labor practice proceeding. This put the wheels in motion on the legal tussle between the NLRB and Nexstar.
On April 11, 2024, following an election by secret ballot of certain workers at the Denver stations, the CWA unit at KWGN and KDVR was certified. As the CWA sees it, this made the unit “the exclusive collective-bargaining representative” for every full-time and regular part-time employee in the roles of Technician, Production (NE); Technician, Director/TD; and Director I, Newscast.
With the Fifth Circuit’s decision, this has now withstood two federal court determinations. Nexstar must now recognize and negotiate with the union, or seek a further appeal.
