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1 1 (February 7, 2023)

handle is hein.crs/govekmf0001 and id is 1 raw text is: Congressional_______ Research Service Supreme Court Considers Preemption Under the National Labor Relations Act February 7, 2023 On January 10, 2023, the U.S. Supreme Court heard oral argument in Glacier Northwest v. International Brotherhood of Teamsters Local Union No. 174, a case involving the National Labor Relations Act (NLRA) and the preemption of state tort claims. Glacier, a Washington company that mixes and delivers concrete, sued International Brotherhood of Teamsters Local Union No. 174 (Local 174), a labor union that represents Glacier's truck drivers, for intentional property destruction after the union engaged in a work stoppage that resulted in the loss of some of the company's concrete. Glacier alleged that the union coordinated the work stoppage to occur when the company's trucks were fully loaded with concrete for delivery. Glacier further alleged that Local 174 and Glacier's drivers were aware that the concrete was perishable and that the work stoppage was deliberately timed and intended to destroy the company's property. Before a Washington trial court, Glacier sued Local 174 for, among other things, intentional destruction of property, and the union moved to dismiss the company's tort claims. The trial court agreed with Local 174 and dismissed the destruction of property claim, but the state appellate court reversed, finding that there was a 'clear determination' ... that the destruction of concrete was unprotected conduct under the NLRA. In 2021, the Washington Supreme Court, sitting en banc, disagreed with the state appellate court and held that the federal labor statute preempted Glacier's claim because the concrete damage occurred incidental to a strike and was arguably protected under the NLRA. The question presented on appeal to the U.S. Supreme Court is whether the NLRA impliedly preempts state tort claims involving the intentional destruction of an employer's property during a labor dispute. This Legal Sidebar reviews the preemption doctrines that have developed under the NLRA and examines the parties' arguments in Glacier Northwest. Preemption and the NLRA When state law is in conflict with federal law, Article VI, clause 2, of the U.S. Constitution (known as the Supremacy Clause) generally renders the state law invalid or preempted. The Supremacy Clause states: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every state shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding. Congressional Research Service https://crsreports.congress.gov LSB10912 CRS Legal Sidebar Prepared for Members and Committees of Congress

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