The National Labor Relations Board, now with all seats appointed if not yet filled and confirmed by the Senate, pretty much continues to make business sick with some of its anti-business decisions. Fortunately however, the courts are there to correct and undo the excesses of the (rogue?) independent agency until the full complement of members can take their seats and get it back on track. There are two premium examples we would point out to you this week. In the first, the 8th Circuit Court of Appeals declined to enforce an NLRB decision that found a Jimmy John’s franchisee guilty of violated the NLRA by warning and firing employees who participated in a paid sick leave campaign. The employees placed posters in the restaurant implying customers would get sick from sandwiches made by ill employees. The NLRB ruled the posters within employees’ right to free speech. The appeals court found “the means the disciplined employees used in their poster attack were so disloyal as to exceed their right to engage in concerted activities protected by the NLRA.” And, in DC this week, the Circuit Court of Appeals overturned another NLRB decision in which it found that the practice of yearly wage increases by an Indiana company was “an established condition of employment” and that not giving annual raises to union employees violated their NLRA rights! The company had given its non-union employees 3 percent raises, so the NLRB interpreted that to be an illegal attempt to discourage collective bargaining! The court didn’t buy it, but we will likely see more of these cases before the courts – the term of NLRB General Counsel Richard Griffin doesn’t expire until November!