This excerpt is from a piece that originally ran on February 23, 2023.
“The case centers on the question of whether an employer’s suit for damages related to a strike is preempted by the NLRA, which governs the right to strike,” Poydock, Sherer, and McNicholas in the EPI report, referring to the National Labor Relations Act. “In the Glacier case, the employer is arguing that, in spite of workers’ attempts to protect the employer’s property, the union is liable for damages related to the strike. If the Supreme Court is persuaded by this argument, it will upend decades of precedent surrounding the right to strike and leave workers with a significantly diminished ability to strike.”
“Workers will face potential liability for any damages the employer deems to be related to the work stoppage. This would greatly limit workers ability to strike and would be a gross misinterpretation of the NLRA,” they continued.