When Does the National Labor Relations Act Preempt a State Tort Claim for Property Damage Arising from Workers’ Alleged Failure to Take Precautions to Protect Employer Property before Going on Strike?

Authors

Anne Marie Lofaso, West Virginia University College of LawFollow

Document Type

Article

Publication Date

1-9-2023

College/Unit

WVU College of Law

Department/Program/Center

WVU College of Law

Abstract

Glacier Northwest’s unionized ready-mix concrete truck drivers went on strike after the parties had reached an impasse and their collective bargaining agreement had expired. Several strikers returned their trucks fully loaded, rendering the concrete useless, although the trucks were not damaged. This case presents a question whether the drivers’ strike, which is regulated by federal law, subjects their union to a state law tort claim for damage to the concrete.

Original Publication Title

Preview of United States Supreme Court Cases

Digital Commons Citation

Anne Marie Lofaso, When Does the National Labor Relations Act Preempt a State Tort Claim for Property Damage Arising from Workers’ Alleged Failure to Take Precautions to Protect Employer Property before Going on Strike?, 50 Preview U.S. Sup. Ct. Cas. 35 (2022).

Source Citation

Anne Marie Lofaso, When Does the National Labor Relations Act Preempt a State Tort Claim for Property Damage Arising from Workers’ Alleged Failure to Take Precautions to Protect Employer Property before Going on Strike?, 50 Preview U.S. Sup. Ct. Cas. 35 (2022).

Comments

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