The U.S. Supreme Court on Thursday dealt another setback to organized labor by making it easier for employers to sue over strikes that cause property destruction in a ruling siding with a concrete business in Washington state that sued the union representing its truck drivers after a work stoppage.
The 8-1 decision overturned a lower court's ruling that said the lawsuit filed by Glacier Northwest Inc, which sells and delivers ready-mix concrete, against a local affiliate of the International Brotherhood of Teamsters was preempted by a U.S. law called the National Labor Relations Act. Glacier Northwest is a unit of Japan-based Taiheiyo Cement Corp.
The Washington state Supreme Court in 2021 ruled that the company's claims were preempted by a statute called the National Labor Relations Act , saying the company's loss of concrete was incidental to a strike that could be considered arguably protected under federal labor law. Liberal Justice Ketanji Brown Jackson, in a 27-page dissent, wrote that the ruling "is likely to cause considerable confusion among the lower courts" about how preemption under the National Labor Relations Act should apply in future cases and "risks erosion of the right to strike."
Noel Francisco, the lawyer who represented Glacier Northwest in the case decided on Thursday, said the ruling "vindicates the longstanding principle that federal law does not shield labor unions from tort liability when they intentionally destroy an employer's property."
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