Monday, July 12, 2021

NLRB v. Nextar Broadcasting (9th Cir. - July 12, 2021)

I'm bereft of opinions from the California Court of Appeal today because either its website is down or my ISP won't let me access them (for some inexplicable reason).  But the Ninth Circuit is working away, and pumped out (inter alia) this opinion.

I was somewhat surprised that Nextar Broadcasting chose this fight.  It's about some tiny conditions of employment in a collective bargaining agreement that expired, and the NLRB said that the company could not impose them before discussing them with the union.  Seems reasonable.  The Ninth Circuit thought so as well.  There might be bigger fish to fry as opposed to litigating in the Court of Appeals.

I also noticed that in-house counsel for Nextar (from Texas) argued the case himself.  I guess that cuts down costs, at least.  Though not arguing -- and losing -- at all would have cut costs even more.

Anyway, if you are wondering whether there are local broadcast news stations still operating in Portland, Oregon, the answer from today's opinion is definitively:  Yes.