Catherwood LibraryILR School

The U.S. Court of Appeals overruled a NLRB decision that employees who publically disparaged fast food franchise Jimmy Johns’ products were engaged in concerted activity. The IWW, seeking paid sick leave for employees, put pictures of Jimmy John’s products up on community bulletin boards with statements that it was unsafe to eat at Jimmy Johns’ since workers could not call in sick. They also distributed the owner’s phone number, telling people to call and voice their support for employees. Afterwards, six workers were fired. The NLRB stated in their decision that the employees were protected under the NLRA, deeming their conduct as protected concerted activity. However, the Appeals Court ruled that because the workers were encouraging a boycott due to inferior products rather than treatment of employees, their actions were unprotected. The distinction made was that a settlement of unfair labor practices would persuade customers to patronize the business once more, while accusing a product of being unsafe or unhealthy would bring harm that outlasted a labor dispute.