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Fifth Circuit upholds Labor Board order against Nexstar

The issue stems from Nexstar's decision to not negotiate with a union covering some employees at its Denver-based television stations.

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mkeys@thedesk.net

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(Stock image, Graphic by The Desk)
(Stock image, Graphic by The Desk)

A federal appeals court in New Orleans has affirmed a National Labor Relations Board (NLRB) order requiring Nexstar Media Group to bargain with a union representing technical employees at its Denver television stations.

This week, the U.S. Court of Appeals for the Fifth Circuit issued an order upholding the NLRB’s findings that Nexstar violated two provisions of the National Labor Relations Act by not negotiating with a union that covered some employees at its two television stations in Denver.

The case stems from a July 2024 complaint by the National Association of Broadcast Employees & Technicians–Communications Workers of America (NABET-CWA), alleging Nexstar refused to recognize and negotiate with the union after its certification.

NABET-CWA was retained to represent Nexstar employees at KDVR (Channel 31), the Fox affiliate in Denver, and its sister station KWGN (Channel 2), a CW Network owned-and-operated station.

The NLRB ultimately determiend Nexstar declined to bargain with NABET-CWA without any legal justification. Nexstar appealed the order last December, arguing that the bargaining unit was not properly formed and wrongly excluded some employees who should have been eligible for union representation.

The dispute followed a secret-ballot election held April 11, 2024, in which KDVR and KWGN employees voted to be represented by NABET-CWA. The certified unit covers full-time and regular part-time employees in three areas: Technician–Production (NE), Technician–Director/TD, and Director I–Newscast.

According to the NLRB, Nexstar acknowledged it refused to bargain but maintained that it was not legally required to do so pending resolution of its objections. The Board’s final order directed Nexstar to begin negotiations with the union.

The Fifth Circuit rejected Nexstar’s argument, agreeing with the NLRB that the company had not raised any litigable issues regarding the union election or certification process.

Nexstar and NABET-CWA have not commented on the ruling. It was not clear if Nexstar intended to further litigate the matter.

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About the Author:

Matthew Keys

Matthew Keys is the award-winning founder and editor of TheDesk.net, an authoritative voice on broadcast and streaming TV, media and tech. With over ten years of experience, he's a recognized expert in broadcast, streaming, and digital media, with work featured in publications such as StreamTV Insider and Digital Content Next, and past roles at Thomson Reuters and Disney-ABC Television Group.
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