![]() In ruling for the employer, the Court observed that while the NLRA protects concerted activity, such rights, including the right to strike, are not absolute. The High Court Roundly Rejected All of the Union's Arguments The High Court accepted review and reversed the state court, allowing Glacier's state law claims to proceed. The state supreme court agreed, and Glacier petitioned the United States Supreme Court for review. The trial court dismissed the complaint after finding that the strike was at least "arguably protected" by the NLRA and, therefore, preempted under the Garmon doctrine. Glacier then sued the Union, seeking damages for its property losses. Although Glacier was ultimately able to unload the wet concrete and avoid damage to its trucks, all of the concrete it mixed that day had to be destroyed. Drivers, acting on the Union's instructions, refused to finish the deliveries in progress and returned the fully loaded trucks before walking off the job. After 16 trucks with full loads went out for delivery, the Union called its strike. Unaware of the pending work stoppage, Glacier commenced batching the concrete and loading it into trucks. ![]() Yet it coordinated with truck drivers to report to work, "pretending as if they would deliver the concrete" as instructed. According to Glacier, the Union knew all of this. Wet concrete, therefore, cannot be batched until it is ready for delivery, and the delivery has to happen relatively quickly. It can also cause significant damage if left to harden in a truck's rotating drum. As alleged in the complaint, concrete is highly perishable, lasting only for a short time. Glacier Northwest arose from a dispute between a concrete supplier and IBT Local 174 when negotiations for a successor collective bargaining agreement grew contentious. If the case truly does herald a new class of lawsuits holding unions accountable for the economic consequences of their strikes, unions may think twice before planning a strike in a way that inflicts maximum economic harm. While the case was decided narrowly on the facts presented, it may end up being a significant win for employers. Justice Barrett, writing for the 8-1 majority, held that such conduct goes beyond that which is even "arguably protected" by the National Labor Relations Act therefore, lawsuits filed by employers seeking to recover for property damage sustained as a result of such work stoppages are not preempted by federal law and can proceed. 174 that employers can sue unions that plan strikes in such a way as to intentionally cause property damage. International Brotherhood of Teamsters, Local No. In a highly anticipated decision, the United States Supreme Court ruled in Glacier Northwest, Inc.
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