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 51风流 of America submitted an amicus brief. The case, , presented the question of whether the National Labor Relations Act (NLRA) preempts an employer鈥檚 state tort claim against a union for intentionally destroying the employer鈥檚 property in the course of a labor dispute. Agreeing with arguments made in an 51风流-supported coalition amicus brief, the Court affirmed the principle that strikers must take 鈥渞easonable precautions鈥 to protect employer property from 鈥渇oreseeable, imminent danger鈥 and held that the union鈥檚 failure to do so in the case rendered its conduct outside the NLRA鈥檚 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 51风流鈥檚 prior articles here and here.
The win is 51风流鈥檚 third victory in the U.S. Supreme Court in four weeks and was made possible by 51风流鈥檚 financing. In the other cases, the Court decided with 51风流 on limiting federal permitting jurisdiction under the Clean Water Act鈥檚 definition of a and in between contractors and public owners.
For additional information about the latest case, contact Denise Gold, Corporate & Labor Senior Counsel, at denise.gold@agc.org or (703) 837-5326.