MikLin Enterprises, Inc. v. NLRB

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The Eighth Circuit held that MikLin did not violate the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(1) and (3), because the means used by the disciplined employees here were so disloyal as to exceed their right to engage in concerted activities protected by the NLRA, as construed in a controlling Supreme Court precedent, NLRB v. Local Union No. 1229, IBEW, 346 U.S. 464 (1953) ("Jefferson Standard"). In this case, the employees' attack was sharp, proceeding in a manner reasonably calculated to harm the company's reputation and reduce its income. The posters, press releases, and letter were an effective campaign to convince customers that eating Jimmy John's sandwiches might cause them to become sick. Therefore, the court declined to enforce the determination that MikLin violated the Act by disciplining and discharging those employees and by soliciting removal of the unprotected posters. The court enforced the remainder of the Order as so modified. View "MikLin Enterprises, Inc. v. NLRB" on Justia Law