Labor/Employment,
U.S. Supreme Court
Jun. 6, 2023
Workers facing discipline for destroyed concrete due to union strike may still be protected
One might think that the NLRB must defer to what the U.S. Supreme Court has already ruled, but it need not and probably won’t. It is quite possible that the National Labor Relations Board will reach a conclusion contrary to the Court’s and find that the employer committed an unfair labor practice by penalizing protected activity.
In Glacier Northwest v. Teamsters Local 274 (June 1, 2023), the United States Supreme Court reversed the Supreme Court of Washington and held that the Garmon doctrine in federal labor law does not prevent the employer’s damages suit against the union from proceeding. The Court voted 8-1 to send the case back to the Washington courts for further proceedings. The meaning and consequences of this decision are uncert...
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