Eighth Circuit Faults Board's Test for Assessing Whether Employee Conduct Is Disloyal
Select a format
In MikLin Enterprises, Inc. v. NLRB, the Board and an 8th Circuit panel held that conduct by Jimmy John’s employees relating to sick leave was not egregiously disloyal, reckless, or maliciously untrue and was protected activity. The panel affirmed a Board order requiring the employer to reinstate the employees who had engaged in the conduct. Subsequently, the court voted to hear the case en banc and reversed, refusing to enforce the Board order.
Pete Lareau is the author of “NLRA: Law and Practice” and numerous other books and articles in the field of labor and employment law and is the Editor-in-Chief of Bender’s Labor & Employment Bulletin.
Ask the LexisNexis experts - and get a complete answer based on today's law.
An authoritative analysis of important cases, codes, statutes, rulings, emerging issues or legal topics is available now - through LexisNexis Emerging Issues Analysis. The brain trust of LexisNexis authors - thousands of recognized authorities who develop the respected Matthew Bender®, Mealey's and Martindale-Hubbell® treatises and articles - produce this highly specific content. Each commentary covers an important case, code, statute, ruling or emerging issue such as subprime, nanotechnology, or climate change. More current and concentrated than treatises and more analytical than news, Emerging Issues Analysis bridges the information gap between the two, providing quick expert analysis of current developments in law.
Emerging Issues Analysis PDFs should be purchased individually.