The management of Bill Johnson's Restaurants, doing business as The Big Apple Restaurant, informed the employees of new restrictions regarding the employees' use of the company phone, the procedure for calling in sick, and the chewing of gum at work. During a later discussion in front of a supervisor, one of the employees, Mrs. Helton, suggested that the servers needed a union. The following day, Mrs. Helton, a senior employee, was fired because a company vice president "didn't like her attitude." In response to the firing, several employees petitioned the NLRB to institute an unfair labor practice action against the restaurant. Several employees also picketed in front of the restaurant without obstructing the parking lot or entrances. The picketers urged the public to boycott the business, and they also distributed leaflets to that effect. Sherry Sturgeon, a manager, told the picketers that they were not funny and she would "have the last laugh." The management then filed a civil action in state court for business interference, trespass, and libel. The complaint sought $500,000 in damages and an injunction.
When the NLRB decided the Helton discharge case, it also ordered the restaurant to withdraw its state court action. The NLRB ruled that the suit was an intrusion upon the Board's jurisdiction and constituted a unfair labor practice. The restaurant refused to comply with the Board's order and appealed.
What factors must be considered when deciding whether the state lawsuit may be pursued? What was the result in this case? Decide. [Bill Johnson's Restaurants v. NLRB, 108 LRRM 3044 (9th Cir.); 461 U.S. 731. But see BE & K Construction Co. v. NLRB, 536 U.S. 516 (2002), on remand, 351 NLRB No. 29, (2007)]