Glacier Northwest, Inc. v. International Brotherhood of Teamsters
Issues
Does the National Labor Relations Act preempt an employer’s state tort claims against a labor union for intentionally destroying the employer’s property during a strategically-timed labor strike?
This case asks the Supreme Court to determine whether an employer can bring a tort claim in state court against a union or its members for intentionally destroying the employer’s property during a strike. The Court will decide if the National Labor Relations Act (“NLRA”), which allows employers and unions to tactically use “economic weapons” such as strikes to gain leverage during collective bargaining, preempts such tort claims. The parties agree that tort claims involving conduct which is “arguably protected” under the NLRA are preempted. Glacier Northwest contends that intentional destruction of private property is not “arguably protected” because it is unlawful. Glacier Northwest additionally argues that, even if intentional destruction of private property is “arguably protected,” a “local interest” exception to preemption applies. International Brotherhood of Teamsters Local 174 counters that intentional destruction of private property is “arguably protected” and that the “local interest” exemption does not apply. The Supreme Court’s decision could significantly impact labor law by opening the door to more frequent employer lawsuits and recalibrating the legal protections for activities that unions engage in to secure bargaining leverage.
Questions as Framed for the Court by the Parties
Whether the National Labor Relations Act impliedly preempts a state tort claim against a union for intentionally destroying an employer's property in the course of a labor dispute.
The National Labor Relations Act (“NLRA”) gives employees the right to collectively bargain and to undertake “concerted activities for… mutual aid or protection.” Glacier Nw. v. Int’l Bhd. of Teamsters Local Union No. 174 at 15. Concerted activities include the right to strike.
Additional Resources
- Anita Alem, Supreme Court Grants Cert in Glacier Northwest, OnLabor (Oct. 10, 2022).
- Irina Ivanova, Why Going on Strike Could Get Much Harder for American Workers, CBS News (Oct. 13, 2022).
- Daniel Wiessner, U.S. Supreme Court to Decide if Employers Can Sue Unions Over Vandalism, Reuters (Oct. 4, 2022).