Labor Lawyer and Senior Contributor for the OnLabor Blog, Andrew Strom, joined the America’s Work Force Union Podcast to talk about his blog reacting to the U.S. Supreme Court’s decision on the Glacier Northwest case. Strom also talked about the possible issues that may come from the decision.
The U.S. Supreme Court recently held hearings on the expulsion case between Glacier Northwest and the International Brotherhood of Teamsters Local 174. The High Court reversed the decision from the lower courts in the state of Washington. The official opinion of the Supreme Court was 8-1 in favor of reversing the lower court's decision. The lone dissenter was Justice Jackson. The author of the court's majority decision was Justice Barrett.
In his recent blog, Strom outlined the facts of the case as explained from both sides. Unfortunately for Local 174, the decision by the Supreme Court could only be based off the claims by Glacier Northwest. This is due to the way the lawsuit was handled, with there being no fact-finding processes that could have revealed both sides of the story to the courts. While the decision could have been worse for the future of labor strikes, this decision still holds strikes as a valuable asset for unions, as long as they take better care to prevent potential damages, Strom said.
The decision is being referred to by many as a Trojan Horse, something that Strom believes could come true. The belief amongst labor leaders is that this case should’ve been handled by the National Labor Relation Board, which was the decision of the Washington State Courts and the opinion of Justice Jackson. However, this decision opens the door for the potential of employers to use the lost profits argument to sue unions who go on strike in the state courts. In reality the decision blurred the line between who has precedence in these labor disputes, Strom believes.
Listen to the entire episode to learn more.