The Supreme Court ruled on Thursday in favor of a concrete company that wanted to sue a union because a strike cost them money. The 8-1 decision means that companies can now sue unions for damages caused by strikes, even if those damages are not directly caused by the union's actions.
The case involved Glacier Northwest Inc., a concrete company in Washington state. In 2017, truck drivers for Glacier went on strike. The drivers left wet concrete in their trucks, which hardened and rendered the concrete unusable. Glacier sued the union, alleging that the drivers had intentionally damaged the concrete.
The ruling is a major victory for companies and a major setback for unions. The ruling could make it harder for unions to protect workers, and it could make it more difficult for workers to win strikes.
The dissenting judge, Ketanji Brown Jackson, argued that the majority is inserting itself into an assessment of labor disputes that is lawfully the purview of the National Labor Relations Board, and that the court is overstepping here.
Brown also argued that the court is putting the onus on workers and their union, when it is actually incumbent on Glacier, the company, to take steps to negotiate with the union and mitigate their losses.
The ruling is a reminder that the Supreme Court is increasingly hostile to unions. The Court has a conservative majority, and it is likely to continue to issue rulings that make it harder for unions to protect workers.
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