The lone dissenter in the case, Justice Ketanji Brown Jackson, said the ruling would hinder the development of labor law and “erode the right to strike.”
When negotiations broke down, the union called for a strike. Drivers walked off the job while their trucks were full of concrete, which must be used quickly and can damage the trucks if it’s not.
The question for the Supreme Court was about how the case should proceed. Glacier said its lawsuit in state court should not have been dismissed at the outset. The union said Glacier’s lawsuit should only be allowed to go forward in state court if the federal National Labor Relations Board first found that the union’s actions were not protected by federal law.
Barrett said that argument wasn’t persuasive. “That the drivers returned the trucks to Glacier’s facility does not do much for the Union — refraining from stealing an employer’s vehicles does not demonstrate that one took reasonable precautions to protect them,” Barrett wrote.
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