on Thursday authored by conservative Justice Amy Coney Barrett made it easier for companies to sue over strikes that cause certain instances of property damage. The case involved a strike by the union representing truck drivers at a concrete business owned by Japan-based Taiheiyo Cement CorpSome experts viewed the ruling as consistent with the conservative-majority court's history in recent years of restricting union and employee rights.
"The decision is part of a systematic project by the Supreme Court to limit employee collective rights in the name of industrial peace while expanding employer weapons of lockouts and permanent replacements in the name of private property rights and free enterprise," added Indiana University Maurer School of Law labor and employment law professor Kenneth Dau-Schmidt, who also joined a brief backing the union.
The court ruled in favor of Glacier Northwest Inc, which sued a local affiliate of the International Brotherhood of Teamsters after a work stoppage forced the company to discard undelivered concrete.
"If and when such lawsuits survive a union's motion to dismiss, the litigation risk for the union resulting from the strike is significantly enhanced," Altchek added. Brudney called this aspect of the ruling a "relatively minor development" compared to the court's broader decision to leave intact its major framework for analyzing labor disputes of this nature.
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