NLRA, Teamsters | JD Supra

NLRB puts kibosh on American tradition of whiskey for votes

Constangy, Brooks, Smith & Prophete, LLP on 4/18/2024

According to U.S. News & World Report, in 1758 George Washington was elected to the Virginia House of Burgesses after he plied voters with beer, whiskey, rum punch, and wine. He did so after a landslide loss three years...more

Employers – Are Your Work Rules Overly Restrictive?

McGlinchey Stafford on 9/1/2023

In Stericycle, Inc. vs. Teamsters Local 628 (August 2, 2023), the National Labor Relations Board (NLRB) adopted a new and more stringent legal standard for determining whether a work rule is overly restrictive, finding that...more

NLRB's New Framework for Union Organizing Puts Employers at a Severe Disadvantage

Fox Rothschild LLP on 8/29/2023

The National Labor Relations Board has issued a groundbreaking decision that jettisons 50 years of established law to provide unions a more favorable framework to organize nonunion companies. On the heels of new rules...more

Supreme Court: Companies Can Sue Unions for Property Damage Caused During a Strike

Miles & Stockbridge P.C. on 7/13/2023

The Supreme Court came down hard on unions last month when it held that a company may bring state law tort claims against a union for property damage caused during a strike. The Court held that the federal law governing labor...more

Supreme Court Affirms the Right to Strike Is Not Absolute When Union Fails to Take Reasonable Steps to Mitigate Property Damage

Franczek P.C. on 7/5/2023

In Glacier Northwest v. International Brotherhood of Teamsters Local No. 174, the U.S. Supreme Court held—in a near-unanimous opinion earlier this month—that the National Labor Relations Act (NLRA) did not preempt a company’s...more

Supreme Court Recognizes Employer Right to Damages From Unions When Certain Types of Strike Activity Results in Economic Harm –...

Epstein Becker & Green on 6/26/2023

Management-side attorneys and the businesses that they represent will be pleased with the Supreme Court’s holding in Glacier Northwest, Inc. v. International Brotherhood of Teamsters....more

The Supreme Court Sides with Employers on the Right to Sue Unions

McNees Wallace & Nurick LLC on 6/14/2023

On June 1, 2023, the United States Supreme Court held that a company could sue a union over intentional damage caused during a labor dispute. In Glacier Northwest v. International Brotherhood of Teamsters Loc. Union No. 174,...more

Supreme Court Rules that Union May Be Liable for Damage Caused by Strike

Benesch on 6/13/2023

In a strikeout for organized labor, the United States Supreme Court recently held that an employer may pursue a lawsuit based on damage caused to its property by a strike. Glacier Northwest, Inc., a company which...more

US Supreme Court Says Egregious Strike Misconduct Subject to Employer State Court Damages Action

Morgan Lewis on 6/12/2023

In a recent 8-1 decision, the US Supreme Court held that the National Labor Relations Act (NLRA or the Act) does not preempt state claims against unions for intentional property damage during a strike. The decision reaffirms...more

SCOTUS Opens the Door to Increased Union Liability for Strike Damages

Parker Poe Adams & Bernstein LLP on 6/9/2023

On June 1, 2023, the U.S. Supreme Court delivered an 8-1 opinion that limits the protections available to unions for damages caused during a strike. In Glacier Northwest v. International Brotherhood of Teamsters, Local Union...more

Supreme Court Holds Employers Can Sue for Strike Damages

Littler on 6/8/2023

On June 1, 2023, in Glacier Northwest v. Teamsters, the United States Supreme Court ruled for the employer in a case with significant implications for the right of unions to strike and the right of employers to respond to...more

U.S. Supreme Court: Strike Does Not Protect Union from Lawsuit for Damage to Company Property

Miller Canfield on 6/7/2023

Can a union be sued by management for destroying company property during a strike? On June 1, 2023, the U.S. Supreme Court answered the question in the affirmative....more

U.S. Supreme Court Holds That Employers Can Sue Unions for Damage-Causing Unprotected Strikes

Holland & Knight LLP on 6/6/2023

In Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local 174, No. 21-1449 (sl. op.), the U.S. Supreme Court revisited Garmon preemption. The Court reviewed the Washington state Supreme Court's dismissal of a...more

Supreme Court Holds NLRA Does Not Preempt Claims for Intentional Property Damage Committed by Strikers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/2/2023

On June 1, 2023, the Supreme Court of the United States ruled that the National Labor Relations Act (NLRA) does not preempt an employer’s state court tort claims alleging a union intentionally destroyed the employer’s...more

Supreme Court Asks Whether Tort Claims to Recover Property Damaged During Strike Are Preempted by NLRA

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/12/2023

On January 10, 2023, justices for the Supreme Court of the United States questioned attorneys for a ready-mix concrete company and the union representing its truck drivers over whether claims to recover the value of the...more

Top Five Labor Law Developments for October 2022

Jackson Lewis P.C. on 11/9/2022

1. The National Labor Relations Board modified its test for determining if COVID-19-related conditions warrant mail ballot union elections, potentially signaling a return to mostly in-person votes. Starbucks Corp., 371 NLRB...more

Teamsters Union Lost Most Members In 20 Years In 2019

Jackson Lewis P.C. on 4/27/2020

According to an analysis by Bloomberg Law Daily Labor Report, the Teamsters Union lost almost 65,000 members in 2019, the largest decline in the union’s membership in 20 years. The Service Employees International Union (SEIU)...more

Arbitration Decisions Matter: The NLRB Reverts to Prior Standards on Deferral to Arbitration and Pre-Arbitration Settlements

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/10/2020

Arbitration is a strongly favored federal policy and generally can be relied on to resolve even statutory discrimination claims. This is not a novel concept in federal jurisprudence from the Supreme Court of the United States...more

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