SCOTUS Hears Oral Argument on Whether or not NLRA Preempts State Court docket Lawsuits Towards Unions for Property Injury Prompted Throughout Labor Disputes

The brand new yr begins with some of the anticipated labor instances on the excessive courtroom’s docket in a long time. On January 10, 2023, the U.S. Supreme Court docket heard oral argument in Glacier Northwest, Inc. v. Worldwide Brotherhood of Teamsters Native Union No. 174 to resolve whether or not the Nationwide Labor Relations Act (“NLRA” or the “Act”) preempts state courtroom lawsuits for tort damages attributable to unions throughout strikes. Employers ought to achieve a lot higher readability into whether or not they can search aid from such conduct by way of a damages lawsuit. If the U.S. Supreme Court docket finds that such conduct shouldn’t be preempted and could also be litigated in state courtroom, such a ruling would go far in defending employers’ pursuits in contentious labor disputes and probably shift the stability of energy towards employers throughout these disputes. 

Background on Glacier

In Glacier, the corporate sells and delivers ready-mix concrete to companies and creates a customized batch of concrete mixing supplies based mostly on buyer specs for every job. To create the customized batches, the supplies are first blended in a hopper or barrel and are then moved right into a truck that continues to combine the supplies till the concrete is delivered to the shopper. If a batch of concrete stays within the ready-mix vehicles for too lengthy, it might harden and trigger injury to the truck’s revolving drum.

Glacier’s truck drivers are represented by Teamsters Native 174. Throughout contract negotiations in August 2017, Native 174 timed their strike to coincide with the scheduled supply of ready-mix concrete, and no less than 16 drivers left vehicles that had been stuffed with blended concrete, requiring the Employer to hurry to empty the vehicles earlier than it hardened and triggered injury. Whereas the Employer was in a position to take action, it incurred appreciable bills and misplaced product by dumping the concrete in an effort to keep away from truck injury. 

The strike ended on August 18, 2017, after a brand new collective bargaining settlement was ratified. Though the strike had ended, resulting from rumors that the truck drivers wouldn’t work on the following day, August 19, 2017, Glacier sought assurances from the union that the truck drivers would return to work and repair a big job that Glacier had scheduled for that day. A Union consultant allegedly misrepresented that the truck drivers would return to work and repair the job that was scheduled for August 19, 2017. In the end, not sufficient drivers reported for the job and Glacier was compelled to cancel it, incurring over $100,000 in losses.

Employer Brings State Regulation Swimsuit for Property Injury

On December 4, 2017, Glacier filed a criticism in Washington state courtroom for damages in King County Superior Court docket towards the Union for conversion and trespass to chattels, tortious interference with contract, civil conspiracy to destroy its concrete, negligent misrepresentation, fraudulent misrepresentation, and intentional interference with contract. The Union then filed a criticism with the Nationwide Labor Relations Board (“NLRB” or “Board”) alleging unfair labor practices for retaliating towards truck drivers for partaking in a protected strike. 

State Court docket Holdings

The Union moved to dismiss all of Glacier’s claims for lack of material jurisdiction and failure to state a declare on which aid might be granted, arguing that every one claims had been preempted by the NLRA. The trial courtroom dismissed the claims associated to the August 11 strike, however not the claims that associated to the August 19 occasions. The Union then moved for abstract judgment on the remaining claims. The trial courtroom dominated that the strike-related claims had been preempted by the NLRA and granted abstract judgment for the union on the misrepresentation claims. Glacier appealed and the courtroom of appeals reversed on the preemption points however affirmed dismissal of the misrepresentation claims. The courtroom of appeals concluded that the destruction of concrete was unprotected conduct underneath part 7 of the NLRA.

Native 174 petitioned the Supreme Court docket of Washington for discretionary evaluate of the courtroom of appeals holding that Glacier’s claims weren’t preempted by the NLRA. Glacier cross petitioned for evaluate of the courtroom of attraction’s holding that affirmed abstract judgment dismissal of its misrepresentation claims and intentional interference with contract claims.

The Supreme Court docket of Washington held that the NLRA preempted Glacier’s tort claims associated to the lack of product as a result of the loss was incidental to a strike that was “arguably protected” by part 7 of the NLRA, and that though it was debatable whether or not the work stoppage was a protected strike, it’s no less than “arguably protected” and such a willpower was reserved for the NLRB. The Supreme Court docket of Washington affirmed dismissal of Glacier’s misrepresentation claims as a result of the union consultant’s promise of future motion was not a press release of present reality on which these claims may be correctly based mostly and since the assertion was not a proximate reason for Glacier’s losses.

The Events’ Authorized Arguments Earlier than the U.S. Supreme Court docket in Glacier

The U.S. Supreme Court docket will now decide whether or not the NLRA bars state regulation tort claims towards a union for deliberately destroying an employer’s property in the middle of a labor dispute. 

Glacier argues that the conduct by the Union – deliberately ready till the vehicles had been loaded with concrete after which calling the work stoppage – was intentionally timed and meant to destroy firm property by leaving the concrete to harden within the mixing drums. It argues such habits is strictly the form of conduct that’s not preempted by Garmon preemption and falls underneath the “native feeling exception” to Garmon. Additional precise or threatened destruction of property has been held to be a matter for the states and thus the NLRA can not defend the Union from legal responsibility right here. Glacier additionally contends that the Supreme Court docket of Washington’s determination conflicts with United States Supreme Court docket precedent together with that labor regulation doesn’t deprive an employer of their authorized rights to possession and safety of their property. Glacier factors to the U.S. Supreme Court docket determination in Cedar Level Nursery v. Hassid, 141 S.Ct. 2063 (2021), the place it held underneath the Takings Clause that the curiosity in union organizing doesn’t override “the significance of safeguarding the fundamental property rights that assist protect particular person liberty,” to help its assertion that if state regulation tort claims arising out of a union’s intentional destruction of an employer’s property are preempted by the NLRA, such a holding constitutes a Taking (a deprivation of property with out simply compensation). It factors to this determination as a result of the NLRB can not grant compensation to employers for property injury, simply injunctive aid.

The Union argues that the conduct the staff engaged in was “arguably protected” underneath the Act and any willpower on whether or not the conduct was truly protected have to be made by the NLRB. Additional, the Union argues that the drivers took affordable precautions to forestall injury because the vehicles had been returned to Glacier.

A Glacier Resolution Might Have an effect on Labor Relations Shifting Ahead

Garmon preemption is labor preemption based mostly on sections 7 and eight of the NLRA, defending concerted actions in collective bargaining and prohibiting unfair labor practices respectively. See San Diego Constructing Trades Council Native 2620 v. Garmon, 359 U.S. 236 (1959).

In Garmon, the U.S. Supreme Court docket famous that its function with regard to preemption was to restrict the potential battle between differing outcomes of the Board and state courts in recognition that Congress entrusted administration of the labor coverage for the Nation to a centralized administrative company, armed with its personal process, and geared up with its specialised information and cumulative expertise. Id. at 242. It held that “when an exercise is arguably topic to part 7 or part 8 of the Act, the states in addition to the federal courts should defer to the unique competence of the Board if the hazard of state interference with nationwide coverage is to be averted.” Id. at 245.

The U.S. Supreme Court docket famous two exceptions to Garmon preemption: (1) the place the exercise regulated was merely a peripheral concern of the LMRA or (2) the place the regulated conduct touched pursuits so deeply rooted in native feeling and accountability that, within the absence of compelling congressional course, we couldn’t infer that Congress had disadvantaged the states of the ability to behave. Id. at 243–44.

The second exception, which is at subject in Glacier entails state jurisdiction over claims to grant compensation for the results, as outlined by the normal regulation of torts, of conduct marked by violence and imminent threats to public order. This exception will possible be mentioned within the opinion by the U.S. Supreme Court docket and whether or not it applies on this occasion. Moreover, the U.S. Supreme Court docket will even possible study what constitutes an “intentional destruction of property” and whether or not the actions taken by the union match that definition. Lastly, the U.S. Supreme Court docket could must resolve whether or not it’s the correct discussion board to make that willpower, or whether or not the problem is reserved for the Board.

How the U.S. Supreme Court docket decides Glacier may have far reaching implications not solely on Garmon preemption, however might additionally have an effect on areas of labor regulation the place states have granted organized labor and unions rights that exceed federal necessities.

A Glacier Resolution Might Influence Employer Property Rights in Professional-Labor States Like California

As we beforehand mentioned right here, in Cedar Level, the U.S. Supreme Court docket invalidated a California labor regulation that required growers to grant union organizers property entry, and declared such entry rights an unconstitutional taking in violation of the 5th and 14th amendments. A number of different California legal guidelines and choices sanction related union trespass onto personal property. Previous to Cedar Level, quite a few state courtroom choices have granted unions entry to non-public property of employers with whom they’ve a dispute on the idea that such entry is required in an effort to allow labor to speak its message to the general public and to place financial stress on the employer. Likewise, previous to Cedar Level, California’s statutes have been utilized to grant particular protections to labor speech and to bar courts from enjoining union trespass on personal property. See e.g., Ralphs Grocery Co. v. United Meals & Industrial Staff Union Native 8, 55 Cal.4th 1083 (2012); UFCW, Native 324 v. Superior Court docket of Los Angeles, 83 Cal.App.4th 566 (2000); cf. Waremart Meals v. NLRB, 354 F.3d 870 (D.C. Cir. 2004).

Including on to Cedar Level, the U.S. Supreme Court docket’s determination in Glacier might have an effect on state courtroom choices and probably grant property house owners extra reprieve and an extra avenue of assault to enjoin union invasion of an employer’s property. Ought to the U.S. Supreme Court docket discover a related rationale in Glacier, that property injury sustained by an employer resulting from a labor dispute (however with out the flexibility to hunt compensation for such injury) constitutes an illegal taking, there’s a potential for employers to not solely search damages, but it surely might supply a potential leg up for employers searching for injunctive aid to forestall such injury. The Supreme Court docket’s determination in Glacier has the potential to have an effect on how California State Courts interpret and implement the Moscone Act and California Labor Code § 1138.1.[i] For instance, the Supreme Court docket’s determination in Glacier, might have an effect on how California State Courts apply the Moscone Act because of the broad use of the time period “illegal” with regard to conduct the Moscone Act doesn’t defend and the minimalist description of such illegal conduct to incorporate “breach of the peace, disorderly conduct, the illegal blocking of entry or egress to premises the place a labor dispute exists, or different related illegal exercise.”

Following Glacier, there might be quite a few points and arguments for California State Courts to think about. For instance, will California State Courts embrace property injury which will accompany an in any other case lawful exercise as “illegal” underneath the Moscone Act? Likewise, might this lastly encourage California State Courts to subject extra injunctions if there’s a perception that property injury will happen in an effort to curb future tort claims towards organized labor? Conversely, if the U.S. Supreme Court docket determines that such state tort claims are preempted by Garmon, would that open the door for California Courts to use the Moscone Act much more harshly and strictly outline what constitutes “illegal” exercise – however exclude intentional property injury? Keep tuned.

Key Takeaways

Employers ought to achieve a lot higher readability into whether or not they can search aid from such conduct by way of a damages lawsuit. If the U.S. Supreme Court docket finds that such conduct shouldn’t be preempted and could also be litigated in state courtroom, such a ruling would go far in defending employers’ pursuits in contentious labor disputes and probably shift the stability of energy in the direction of employers throughout these disputes. 


[i] There are two California statutes that limit the provision of labor injunctions in California. The California Moscone Act (California Code of Civil Process part 527.3) prohibits sure labor-related actions on personal property from being restrained so long as they’re associated to a labor dispute and are “lawful.” See Cal. Code Civ. Proc. § 527.3. The Moscone Act limits the state courtroom’s capacity to subject preliminary or everlasting injunctions that will prohibit any of the conduct described within the part as “lawful.” Id. Importantly, subsection (e) of the Moscone Act states it’s not the intent of the part to allow conduct that’s illegal together with breach of the peace, disorderly conduct, the illegal blocking of entry or egress to premises the place a labor dispute exists, or different related illegal exercise. Id. Thus, a courtroom could enjoin exercise the Moscone Act deems “authorized,” when accompanied by illegal conduct. Id.

The second statute, California Labor Code part 1138.1, limits the authority of state courts to subject an injunction in a labor dispute and establishes a number of tough necessities that an employer should overcome to acquire an injunction towards a union, together with proving with testimony by witnesses:

  • illegal acts have been threatened and can be dedicated until restrained or have been dedicated and can be continued until restrained.
  • substantial and irreparable harm to complainant’s property.
  • the aid granted is bigger than the harm inflicted upon the complainant by the denial of aid than can be inflicted upon defendants by the granting of aid.
  • no satisfactory treatment at regulation.

This statute has successfully prevented employers from acquiring injunctions in lots of labor disputes.

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