NBCUniversal Media, LLC v. NLRB, No. 14-1055 (D.C. Cir. 2016)Annotate this Case
NBC petitioned for review of the Board's 2014 Decision and Order finding that NBC had violated sections 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. 158(a)(1) and (5), by failing and refusing to recognize and bargain with the Union as the Content Producers’ exclusive collective bargaining representative, and by failing to provide the Union with information necessary to the fulfillment of its duties. The court could not determine – either from the ARD’s decision or the Board’s decision adopting the Clarification Decision – how the Board determined that all NBC employees represented by NABET are part of a single, nationwide bargaining unit. The conclusion may or may not be right, but the reasoning supporting the Board’s judgment – in particular, the ARD’s application of Board precedent – is incomprehensible. The court denied both the petition for review and the Board's cross-application for enforcement and remanded the case for clarification.