The U.S. Supreme Court recently decided in Glacier Northwest, Inc. v. Int’l Bhd. of Teamsters Local Union No. 174, No. 21-1449 (June 1, 2023), that the National Labor Relations Act.
Under Garmon preemption NLRB preempts state and local efforts to regulate the conduct governed by NLRB. Supreme Court Glacier Northwest. v. International Brotherhood. of Teamsters, state law not blocking the lawsuit from proceeding for damage to employers property during strike
SCOTUS ruled 8 to 1 Glacier Northwest Inc v Int’l Bhd of Teamsters Local Union No 174 Employers have right to sue union if strike causes damage to employer property. NLRA does not exempt union from taking reasonable precautions to protect employer property during strike.
This lawsuit was the result of a group of drivers going on strike while their trucks were filled with concrete. Even though the mixing drums were kept in rotation to keep the concrete from hardening, the company was forced to throw away the unused concrete at a financial loss.
SCOTUS explained that the right to strike is not absolute and certain limitations exist. For example, workers are still required to take reasonable precautions to protect their employer’s property from foreseeable, aggravated, and imminent danger during a strike, it said.