Supreme Court Holds Unions Cannot Destroy Employer Property Without Consequences


The Supreme Court on June 1, 2023, issued its decision in Glacier Northwest, holding that unions cannot intentionally destroy employer property without consequences. In the nearly unanimous decision, the Court held that the National Labor Relations Act does not preempt state tort law, meaning companies can seek damages for the intentional destruction of their property even during labor disputes.

The decision explained, “the Union executed the strike in a manner designed to compromise the safety of Glacier’s trucks and destroy its concrete… Because the Union took affirmative steps to endanger Glacier’s property rather than reasonable precautions to mitigate that risk, the NLRA does not arguably protect its conduct.” The 8-1 decision remands the case back to the Washington Supreme Court for reconsideration.

The Coalition for a Democratic Workplace, of which NATSO is a member, filed an Amicus brief before the Supreme Court and can be found here

CDW’s statement on the decision can be read here.

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