It’s a red flag that the justices even took up this case in the first place.
wants to change that. In an extraordinary leap of logic and chutzpah, Glacier’s attorney began his argument yesterday by comparing the spoilage of a partial day’s worth of concrete to: federal security guards leaving their posts in the middle of a terrorist threat; a ferryboat crew abandoning ship in the middle of a river; and steel workers walking out in the middle of a molten iron pour, risking extensive damage to factory equipment.
The union’s attorney, Darin Dalmat, explained how ridiculous this argument is, noting that spoiled product alone has never been a basis for letting employers sue in state court over a strike. He observed that when Congress passed the NLRA, it understood that the intent to inflict economic harm is inherent in the very notion of a strike; also, “certainly, Congress was aware of perishables, like cheese and milk and concrete.
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