2nd Circuit enforces NLRB order vs. Nexstar (WROC-TV) on ‘supervisor’ claim

On June 30, 2026, the U.S. Court of Appeals for the Second Circuit enforced an NLRB bargaining order against Nexstar Media’s WROC-TV in Rochester, New York. The court upheld the Board’s conclusion that WROC-TV’s newsroom “producers” were not “statutory supervisors,” so they could be included in the bargaining unit.

The NLRB order the court enforced was issued on August 29, 2024, after the Board found Nexstar violated Sections 8(a)(1) and (a)(5) of the National Labor Relations Act by refusing to recognize and bargain with the union.

The core dispute: who counts as a “supervisor” under the NLRA

The fight centered on whether certain professional newsroom roles had the kind of authority that would exclude them from NLRA coverage as “supervisors.” Under the NLRA, employees can organize and bargain collectively—but the Act excludes supervisors from collective-bargaining rights.

In the underlying representation case, the parties’ election proceeded using two voting groups (one for non-professional employees and another for professional employees). Nexstar argued that certain professional producers were statutory supervisors, which led to challenged ballots and additional review after the February 2023 election.

What the NLRB found (and the court upheld)

After a review that included a March 2023 hearing on the challenged ballots, the NLRB determined Nexstar had not met its burden to prove the producers were statutory supervisors. The Second Circuit agreed the Board’s conclusion was supported by the record.

In particular, the court focused on two key elements of the statutory supervisor test:

• Assignment with independent judgment: The producers did not assign work to others in a way that required independent judgment (as opposed to routine or clerical direction).
• Responsible direction/accountability: The record did not show that the producers were held accountable for how other employees performed their work—an important requirement for “responsibly to direct.”

Why this matters beyond WROC-TV

This enforcement decision is a practical example of how courts apply the NLRA’s supervisor definition in newsroom unit-composition disputes. It underscores that titles alone don’t decide the question—what matters is the actual authority and accountability shown in the record.

Once an NLRB order is enforced and the employer refuses to bargain, the federal appellate enforcement process can require bargaining to move forward as the workplace dispute transitions from unit-definition arguments into compliance steps.

What to watch next

The immediate reader-facing question is what happens after enforcement: whether Nexstar/WROC-TV moves into recognition and bargaining with the certified union, including bargaining logistics and any follow-on disputes tied to implementing the bargaining obligation.

Sources

• NLRB Weekly Summary (June 29–July 2, 2026)
• Second Circuit enforcement document (SUM 24-2818)