Right to Strike, Take a Hike! Evisceration of right to workplace speech continues.
(Source) On January 10th, 2023, the Supreme Court heard oral arguments in Glacier Northwest, Inc. v. International Brotherhood of Teamsters (No. 21-1449). Ready-mix concrete supplier Glacier Northwest appealed a Washington Supreme Court decision that barred its lawsuit against a union under Washington state tort law for allegedly intentionally destroying company property during a labor dispute. The Washington Supreme Court held that the National Labor Relations Act (“NLRA”) preempted this sort of state tort suit. The events that gave rise to the suit unfolded while workers were actively bargaining for a collective bargaining agreement. The NLRA requires that employers and unions bargain in “good faith” by adhering to certain obligations. Failing to meet these obligations qualifies as an unfair labor practice (“ULP”), which is unlawful under the NLRA. Cement-mixer drivers in Washington, represented by the Teamsters Union and employed by Glacier Northwest, grew frustrated with the pace of bargaining and voted to strike by walking off the job— a common form of labor action protected by the NLRA. On the day of the strike, drivers scheduled to report to work early arrived as usual, loaded their trucks’ drums with cement, and conducted their morning deliveries. When the clock struck the coordinated [read more]