NLRB v. CNN America, Inc., No. 15-1112 (D.C. Cir. 2017)Annotate this Case
The Board applied for enforcement of its finding that CNN's replacement of its unionized contractor with a nonunion, in-house workforce violated the National Labor Relations Act. The D.C. Circuit held that the Board's determination that CNN and TVS were joint employers cannot stand because the Board applied a standard for determining whether companies were joint employers that appeared to be inconsistent with its precedents, without addressing those precedents or explaining why they do not govern. Therefore, the court reversed the Board's finding that CNN was a joint employer with TVS. The court affirmed the Board's remaining three unfair-labor-practice findings that did not depend on CNN's joint-employer status. The court affirmed the Board's application and denial of CNN's cross-petition for review in all other respects.