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Culture War Roundup for the week of May 29, 2023

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last week, SCOTUS ruled on a case from 2017 about whether teamsters were allowed to walk off the job, leaving their trucks with drying cement.

Drivers showed up to work on strike day as normal. Those with early routes had their trucks filled with cement and went out to make deliveries. But after the final negotiations with the company broke down, the drivers went on strike. Those out on routes were told by the union to drive their trucks back to the company and leave them running so the cement wouldn’t immediately harden, which the drivers did. Management couldn’t decant the cement or make all of the deliveries in time, and some of the cement hardened and had to be destroyed.

Unlike, say, abortion rights, the right to strike is protected under federal law—specifically, under the National Labor Relations Act (NLRA). That law normally supersedes (lawyers use the word “preempts”) state tort claims like the one filed by Glacier, but there are edge cases. The law requires striking employees to take “reasonable precautions” to make sure that their employers’ property is not damaged, and the law clearly prohibits striking employees from taking active measures to damage or vandalize property. A striking UPS driver could not, for instance, drive their truck into the middle of Madison Avenue, shout “gifts from Jeff Bezos,” and walk away. But a striking driver could refuse to make deliveries and, if those packages contained perishables that spoiled, the strikers wouldn’t be liable under the NLRA, even if management wanted to lodge a state tort claim against them.

SCOTUS ruled 8-1 against the strikers, with the newest justice KBJ the sole voice opposed. this article from the cato institute sides with them. there's also a bunch of legal stuff about whether the courts should even get to rule on this instead of the NLRB.

If you read the decision, the judges believed that the union deliberately timed the strike to happen after the concrete was mixed. If so, they deliberately caused the damage and the strike shouldn't be permitted.

At least as a legal question, this case was not about whether the strike could happen, but whether the union could be held liable in a civil context for damages caused by the protest.

Exactly. That is a question of fact for a jury to decide. This case is about whether a jury would be allowed to decide.