Scotuscast

The U.S. Supreme Court appears ready to clarify when and under what circumstances federal labor law preempts state tort claims for strike-related misconduct. On January 10, it heard oral arguments in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local No. 174, a case involving the intentional destruction of an employer’s property.The employer, Glacier Northwest, manufactures ready-mix concrete. Ready-mix concrete hardens quickly and must be poured on the same day it’s mixed. In August 2017, a union representing Glacier’s employees called a sudden strike. The union allegedly timed the strike so that concrete would be left to harden in Glacier’s trucks. Predictably, the concrete was ruined, and Glacier sued the union for damages. But state courts rejected the suit. They held that the suit was preempted by the National Labor Relations Act (NLRA) because (a) the union’s conduct was arguably protected by federal law, and (b) the conduct fell outside an existing exception for intentional-tort cl