Glacier Northwest argues that NLRA does not protect intentional property destruction
Clients Glacier Northwest, Inc.
On behalf of Glacier Northwest, Inc., Jones Day argued before the U.S. Supreme Court that the National Labor Relations Act ("NLRA") does not impliedly preempt a state tort claim against a union for intentionally destroying an employer's property in the course of labor strike.
This case offers the Court the opportunity to clarify that the NLRA does not place employer property rights at the mercy of labor unions. Here, the union representing the truck drivers of a ready-mix concrete company deliberately timed a strike to occur after the trucks had been loaded with concrete, purposefully resulting in the destruction of the concrete. The Washington Supreme Court held that this conduct was "arguably protected" by the National Labor Relations Act, and that the company's claims for damages for the destruction of its property were preempted under San Diego Building Trades Council v. Garmon, 359 U.S. 236 (1959). The Washington Supreme Court's ruling conflicts with the decisions of multiple other courts that have recognized that the NLRA does not even arguably protect the intentional destruction of property in the course of a labor dispute.
Glacier Northwest, Inc. v. International Brotherhood of Teamsters, No. 21-1449 (U.S.)