Retlaw Broadcasting Co. v. National Labor Relations Board

In 1991, Retlaw Broadcasting Company (“Retlaw”) fired Gene Haagenson, a weekend on-air anchor at Retlaw’s KJEO-TV in Fresno, California, for “unsuitability as an on-air artist,” following Haagenson’s allegedly deficient coverage of the Oakland fire. Haagen-son’s union, the American Federation of Television and Radio Artists (“AFTRA”), filed a complaint with the National Labor Relations Board (“NLRB”). Over Retlaw’s contention that the dispute was subject to arbitration, the NLRB affirmed the administrative law judge’s decision that Retlaw violated the National Labor Relations Act by offering Haagenson reinstatement only if he waived his right under the collective bargaining agreement to grievance procedures and union representation regarding any further termination. Retlaw petitions for review of the NLRB’s decision, and the NLRB cross-petitions for enforcement of its order. We deny the petition for review and grant the petition for enforcement.

FACTS AND PROCEDURES

Retlaw does business as KJEO-TV, a CBS-affiliated television station in Fresno, California. Haagenson worked for Retlaw as a weekend local news anchor on Saturdays and Sundays, and as a general assignment reporter on…