New World Communications v. National Labor Relations Board, No. 99-2913

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Writing for the CourtBefore Wollman, Chief Judge, Bright, and Bye; Wollman
Citation232 F.3d 943
Parties(8th Cir. 2000) NEW WORLD COMMUNICATIONS, DOING BUSINESS AS WDAF FOX 4 OF KANSAS CITY, INC., PETITIONER, V. NATIONAL LABOR RELATIONS BOARD, RESPONDENT, AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS, INTERVENOR ON APPEAL. NEW WORLD COMMUNICATIONS, DOING BUSINESS AS WDAF FOX 4 OF KANSAS CITY, INC., RESPONDENT, V. NATIONAL LABOR RELATIONS BOARD, PETITIONER, AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS, INTERVENOR ON APPEAL. Submitted:
Decision Date13 September 2000
Docket NumberNo. 99-2913,99-3228

Page 943

232 F.3d 943 (8th Cir. 2000)
NEW WORLD COMMUNICATIONS, DOING BUSINESS AS WDAF FOX 4 OF KANSAS CITY, INC., PETITIONER,
V.
NATIONAL LABOR RELATIONS BOARD, RESPONDENT,
AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS, INTERVENOR ON APPEAL.
NEW WORLD COMMUNICATIONS, DOING BUSINESS AS WDAF FOX 4 OF KANSAS CITY, INC., RESPONDENT,
V.
NATIONAL LABOR RELATIONS BOARD, PETITIONER,

Page 944

AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS, INTERVENOR ON APPEAL.
No. 99-2913, 99-3228
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT
Submitted: September 13, 2000
Filed: November 27, 2000

Petition for Review of an Order of the National Labor Relations Board.

Page 945

Before Wollman, Chief Judge, Bright, and Bye, Circuit Judges.

Wollman, Chief Judge.

New World Communications appeals the National Labor Relations Board's decision to count the outcome-determinative ballot of a temporary employee in a representation election. We affirm the Board's decision and enforce its order.

I.

Amanda Jahn was hired in late August of 1998 as a temporary employee until October 30, 1998, while New World searched for a permanent sports reporter for its Fox 4 television station in Kansas City, Missouri. On October 2, 1998, Ann Carroll signed a contract accepting the position of sports reporter for a three-year term beginning on December 11, 1998. Thereafter, in early October, Henry Chu, then New World's assistant news director, asked Jahn to continue working until Carroll's starting date. Jahn agreed to do so, and her termination date was adjusted accordingly.

A representation election was held for New World's employees on January 7, 1999. The election eligibility date was November 13, 1998. New World contested Jahn's ballot. The hearing officer ordered the ballot opened and counted after the uncontested ballots resulted in a tie. Jahn's vote decided the election in favor of the union. New World has refused to bargain in order to test Jahn's eligibility and now petitions for review of the Board's order that it bargain with the union.

At the hearing before the Board, Chu testified that Jahn was primarily interested in filling a vacant news position, that she had repeatedly inquired about what would happen to her once Carroll arrived, and that her job assignments were intentionally skewed toward her strengths by assigning her to human interest or straight news pieces. Chu told Jahn that he did not know what would happen to her but that New World had a good track record of hiring its temporary employees into permanent positions. Jahn received training and assistance in improving the quality of her work from New World. During the months after Jahn was hired, one part-time and two full-time positions for which she was qualified were open at New World. During her employment with New World, Jahn has served as a sports reporter and occasionally filled in on "straight news" stories. She continues to work for New World as a temporary employee. New World has chosen to...

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3 practice notes
  • Jhp & Associates, LLC v. N.L.R.B., No. 03-2303.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • March 16, 2004
    ...the Board has correctly applied the law and substantial evidence in the record supports its findings." New World Communications v. NLRB, 232 F.3d 943, 945 (8th B. Adverse Inference Rule 1. Discriminatory Discharge An employer violates sections 8(a)(1) and 8(a)(3) of the NLRA when the employ......
  • Advanced Construction Serv., Inc. v. Nat'l Labor Relations Bd., CROSS-RESPONDENT
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • January 10, 2001
    ...applied the law and if its findings are supported by substantial evidence in the record. See New World Communications v. N.L.R.B., 232 F.3d 943, 945 (8th Cir. ACS first argues that the Local is not the employees' bargaining representative because it is not a signatory to the CBAs. The Board......
  • N.L.R.B. v. Brede, Inc., No. 02-1615.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • January 7, 2003
    ..."so long as the Board has correctly applied the law and substantial evidence supports its findings." New World Communications v. NLRB, 232 F.3d 943, 945 (8th Cir.2000). At the outset, it is important to note that Brede does not contest the Board's finding that it violated the Act by substan......
3 cases
  • Jhp & Associates, LLC v. N.L.R.B., No. 03-2303.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • March 16, 2004
    ...the Board has correctly applied the law and substantial evidence in the record supports its findings." New World Communications v. NLRB, 232 F.3d 943, 945 (8th B. Adverse Inference Rule 1. Discriminatory Discharge An employer violates sections 8(a)(1) and 8(a)(3) of the NLRA when the employ......
  • Advanced Construction Serv., Inc. v. Nat'l Labor Relations Bd., CROSS-RESPONDENT
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • January 10, 2001
    ...applied the law and if its findings are supported by substantial evidence in the record. See New World Communications v. N.L.R.B., 232 F.3d 943, 945 (8th Cir. ACS first argues that the Local is not the employees' bargaining representative because it is not a signatory to the CBAs. The Board......
  • N.L.R.B. v. Brede, Inc., No. 02-1615.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • January 7, 2003
    ..."so long as the Board has correctly applied the law and substantial evidence supports its findings." New World Communications v. NLRB, 232 F.3d 943, 945 (8th Cir.2000). At the outset, it is important to note that Brede does not contest the Board's finding that it violated the Act by substan......

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