Miklin Enterprises, Inc. v. National Labor Relations Board

I respectfully dissent from Part II of the court’s opinion.

A

In 1953, the Supreme Court in Jefferson Standard created an exception from protection under Section 7 of the Act, introducing the concept that employees could be discharged “for cause” under Section 10(c) if they engaged in “disloyalty.” The court here concludes that Jefferson Standard set out an explicit test for determining disloyalty and asserts that the Board made an “error of law” by failing to apply the test properly. But Jefferson Standard did not set out a test to apply to determine whether an employer’s “cause for discharge”…