DirectSat USA LLC v. NLRB, No. 18-1092 (D.C. Cir. 2019)Annotate this Case
After the Board found that DirectSat had refused to disclose information relevant to the union's statutory duties and thus violated its duty to bargain in good faith under the National Labor Relations Act, the Board issued its decision and DirecTV filed a motion to intervene. In this case, during negotiations with a union representing its employees, DirectSat proposed that any new work that arose during the term of the agreement would not count as bargaining unit work unless it was "pursuant to its Home Service Provider agreement with DirecTV." However, DirectSat repeatedly refused to provide the union the full Home Service Provider agreement to understand the proposed scope of bargaining unit work.
The DC Circuit held that the Board reasonably concluded that DirectSat's bargaining proposal rendered the entire agreement relevant; there was no basis to set aside the Board's denial of DirecTV's motion to intervene on the ground that it was filed too late; and thus the court denied the companies' petition for review and grant the Board's cross application for enforcement.