Disloyalty! Does Jefferson-Standard Stalk Still?

35 Pages Posted: 30 Mar 2007

See all articles by Matthew Finkin

Matthew Finkin

University of Illinois College of Law

Abstract

In Endicott Interconnect Technologies, Inc. v. NLRB, 453 F.3d 532 (D.C. Cir. 2006), the District of Columbia Circuit breathed fresh life into the Supreme Court's 1953 decision in Jefferson-Standard Broadcasting. The Court rejected the decision of the National Labor Relations Board to hold that public criticism of an employer's product or the quality of its management is so disloyal as to be cause to dismiss the employee irrespective of the context of the utterance. The Labor Board extended this in Five Star Transportation, Inc., 349 NLRB No. 8 (2007). This article argues that the legal and ideological underpinnings of Jefferson-Standard have become thoroughly eroded over the ensuing half century; that, at best, disloyalty is worthless as a guide to decision, at worst, it chills speech of social value, and ought to be abandoned.

Suggested Citation

Finkin, Matthew W., Disloyalty! Does Jefferson-Standard Stalk Still?. Berkeley Journal of Employment and Labor Law, Vol. 28, 2007, Available at SSRN: https://ssrn.com/abstract=976725

Matthew W. Finkin (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

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