In an eight-to-one decision issued on June 1, the U.S. Supreme Court issued a favorable decision in a labor preemption case in which ԹϺ of America submitted an amicus brief. The case, Glacier Northwest v. International Brotherhood of Teamsters Local Union No. 174, presented the question of whether the National Labor Relations Act (NLRA) preempts an employer’s state tort claim against a union for intentionally destroying the employer’s property in the course of a labor dispute. Agreeing with arguments made in an ԹϺ-supported coalition amicus brief, the Court affirmed the principle that strikers must take “reasonable precautions” to protect employer property from “foreseeable, imminent danger” and held that the union’s failure to do so in the case rendered its conduct outside the NLRA’s protections. Accordingly, preemption did not apply, and the employer in the case is free to pursue damages against the union in state court. For more background on the case, see ԹϺ’s prior articles here and here.
The purpose of this virtual, quarterly townhall is to communicate key safety and health issues and challenges, as well as discuss enforcement, regulatory, and outreach activities at the national and local levels. Open to all ԹϺ members and Chapters, the meeting also provides an opportunity for industry professionals from various sectors to share best practices, discuss emerging safety trends, and collaborate on ways to improve safety across the entire construction industry. Register HERE to join us on June 22, 2:00 PM – 3:00 PM for the inaugural meeting.
Kevin Cannon, CSP, ARM, Senior Director of Safety, Health, & Risk Management
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