Posts tagged Glacier Northwest v. International Brotherhood of Teamsters
FP SCOTUS Predictions: Will the Supreme Court Make it Easier to Hold Unions Liable for Strike Misconduct?
February 2, 2023 // The NLRA protects concerted activities for “mutual aid or protection” and expressly preserves the right to strike. As a Constitutional principle, the NLRA preempts state law claims based on “arguably protected” conduct. However, violence and deliberate efforts to damage property are not protected activity. Under SCOTUS’s established Garmon doctrine, the NLRB must first review any case when employees engage in activity arguably protected by the NLRA. The rationale is that the agency, with its specialized knowledge and experience with labor-management disputes, is better equipped than the judiciary to determine whether activity is within the parameters of, or contrary to, the NLRA. If the Board finds the union’s action is protected, state courts are left without jurisdiction over the matter. However, if the Board finds the NLRA does not protect the conduct, the employer may file a state lawsuit against the union to recover damages.
The Supreme Court hears a case this week that endangers workers’ ability to strike
January 10, 2023 // Glacier Northwest v. International Brotherhood of Teamsters should be a straightforward case. But nothing is ever straightforward in this Supreme Court.