Appeals court backs Jimmy John's franchisee in labor dispute

Criminal Law

A company that owns 10 Jimmy John's sandwich shops in the Twin Cities was within its rights to fire six union workers who circulated posters critical of the company's sick-leave policy, a federal appeals court ruled Monday.

The full 8th U.S. Circuit Court of Appeals reversed a three-judge appeals panel, which had affirmed a National Labor Relations Board ruling in favor of the workers, who were part of a unionization drive by the Industrial Workers of the World at shops owned by MikLin Enterprises.

The full appeals court concluded that the poster attack was "so disloyal" that it wasn't protected by federal labor law.

The posters were timed to the flu season in early 2011. They protested the company's policy against workers calling in sick without finding replacements to take their shifts, and accused the company of putting the health of its customers at risk. The poster features two identical photos of Jimmy John's sandwiches but said one was made by a healthy worker and one was made by a sick worker.

"Can't tell the difference?" the poster read. "That's too bad because Jimmy John's workers don't get paid sick days. Shoot, we can't even call in sick. We hope your immune system is ready because you're about to take the sandwich test."

The poster and a press release were distributed to more than 100 local and national news organizations, and the IWW threatened wider distribution if its demands were not met.

The NLRB concluded that MikLin violated protections for employee communications to the public that are part of an ongoing labor dispute. The three-judge appeals panel agreed. But the full appeals court said the board misapplied a controlling precedent set in a 1953 U.S. Supreme Court case that permits firings for disloyalty when the quality of a company's product is attacked, as opposed to communications targeting the employer's labor practices.

Related listings

  • Appeals court backs Jimmy John's franchisee in labor dispute

    Appeals court backs Jimmy John's franchisee in labor dispute

    Criminal Law 07/03/2017

    A company that owns 10 Jimmy John's sandwich shops in the Twin Cities was within its rights to fire six union workers who circulated posters critical of the company's sick-leave policy, a federal appeals court ruled Monday. The full 8th U.S. Circuit ...

  • Fraternity brothers due in court in pledge's fatal fall

    Fraternity brothers due in court in pledge's fatal fall

    Criminal Law 06/11/2017

    Members of a Penn State fraternity facing charges related to the death earlier this year of a pledge after a night of heavy drinking are due in court Monday for a hearing about whether there's enough evidence to head to trial. Prosecutors in the case...

  • South Dakota and Flandreau Santee Sioux tribe clash in court

    South Dakota and Flandreau Santee Sioux tribe clash in court

    Criminal Law 05/14/2017

    The Flandreau Santee Sioux tribe is suing South Dakota over the state's interpretation that contractors working on an expansion of the Royal River Casino are required to pay contractor excise taxes to the state. The Argus Leader reported that the law...

Victorville CA DUI defense Attorneys

The outcome of a DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.

The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case.

Our attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you. .

Business News

St Peters, MO Professional License Attorney Attorney John Lynch has been the go-to choice for many professionals facing administrative sanction. >> read