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MikLin Enterprises, Inc. v. NLRB

Harvard law review, 2018-04, Vol.131 (6), p.1820 [Peer Reviewed Journal]

Copyright Harvard Law Review Association Apr 2018 ;ISSN: 0017-811X ;EISSN: 2161-976X

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  • Title:
    MikLin Enterprises, Inc. v. NLRB
  • Subjects: Bargaining ; Collective bargaining ; Courts ; Disputes ; Employees ; Employers ; Federal court decisions ; Holding ; Labor disputes ; Labor relations ; Labor unions ; Legislatures ; Tactics ; Wagner Act 1935-US
  • Is Part Of: Harvard law review, 2018-04, Vol.131 (6), p.1820
  • Description: The statutory framework governing labor disputes is the National Labor Relations Act (NLRA), section 7 of which specifically protects employees who "engage in . . . concerted activities for the purpose of . . . mutual aid or protection." Since the NLRA's passage, however, Congress and the courts have chipped away at the array of tactics available to employees and unions in labor disputes. As a result of these judicial and legislative carve-outs, the NLRA has become increasingly ineffective. In response, some unions and employees have shifted the focus of their organizing tactics, including strategically targeting the public in order to compel employers to meet their demands at the bargaining table or else face consumer backlash. Recently, in MikLin Enterprises, Inc. v. NLRB, the Eighth Circuit applied the longstanding rule for employee "disloyalty," holding that employees who publicly attack their employer "in a manner reasonably calculated to harm the company" are beyond the realm of NLRA protection.
  • Publisher: Cambridge: Harvard Law Review Association
  • Language: English
  • Identifier: ISSN: 0017-811X
    EISSN: 2161-976X
  • Source: Alma/SFX Local Collection
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