The National Labor Relations Act (“NLRA”) protects the right to strike, but that right is not absolute. The right to strike is limited by the requirement that workers take reasonable precautions to protect their employer’s property from foreseeable imminent danger to a sudden work stoppage. In other words, a union cannot time its strike to intentionally damage an employer’s property and then avoid liability by claiming that federal labor law protects those actions. The United States Supreme Court confirmed this today in Glacier Northwest, Inc. v. Int’l Brotherhood of Teamsters Local Union No. 174, 598 U.S. ___ (2023).
The facts of the case, which were drawn from the original complaint, are instructive. Glacier Northwest sells ready-mix concrete. Each batch of concrete is custom made. The concrete is perishable. If the concrete remains in the truck for too long, it will harden and damage the truck.
In the summer of 2017, Glacier and Local 174 attempted to negotiate a new labor agreement. During negotiations, a union agent called for a work stoppage when the union knew that Glacier was in the midst of loading perishable concrete into its trucks. Glacier instructed the drivers to finish their in-progress deliveries, but the union directed the drivers to ignore the orders. At least 16 trucks were returned, fully loaded with perishable concrete. Several drivers abandoned their trucks without notifying anyone or taking any preventative measures.
In order to save its trucks, Glacier implemented several emergency steps with the help of its non-union workforce. In the end, Glazier managed to save its trucks, but the concrete was wasted.
Glacier sued Local 174 in state court, seeking damages based upon common law theories of conversion and trespass. The union successfully convinced the state court to dismiss the case, relying upon the putative preemptive effect of the NLRA.
On appeal, the Union argued that it had no obligation to provide notice of the strike, to avoid striking in the middle of the work day, or to minimize inconvenience to Glacier. Writing for 8-1 majority, Justice Barrett challenged the Union’s reliance upon these principles because the underlying allegations in this case showed that the Union chose to time the strike after the drivers had loaded wet concrete into their trucks. Justice Barrett concluded that this fact showed that the Union failed to take reasonable precautions to avoid foreseeable and imminent harm to Glacier’s property.
So, here’s the takeaway: Unions are not immune from common law liability if they time their strikes to destroy an employer’s property.