The National Labor Relations Board recently served up a decision that would have been pretty hard for one Jimmy John’s franchisee to swallow. In what may be the first example of a sandwich (or more specifically, a photo of a sandwich) launching a labor board case, the NLRB found in a 2-1 ruling that MikLin Enterprises Inc., which operates 10 Jimmy John’s restaurants in Minnesota, had violated Section 8 of the National Labor Relations Act by committing unfair labor practices against employees who protested against unpaid sick leave.
The trouble all began for MikLin when workers, with a letter from the Industrial Workers of the World, which shortly beforehand had tried and failed by a slim margin to unionize the Jimmy John’s restaurants, went to the franchisee and presented a request from the IWW to have a meeting with MikLin over the employees’ desire for paid sick days. If management didn’t grant the union a meeting, the letter said, the employees would start a poster campaign to protest the lack of paid leave.
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