SCOTUS guts right to strike
Share this @internewscast.com

Ketanji Brown Jackson

Associate US Supreme Court Justice Ketanji Brown Jackson poses for the official photo at the Supreme Court in Washington, DC on October 7, 2022. (Image via OLIVIER DOULIERY/AFP via Getty Images)

Supreme Court Justice Ketanji Brown Jackson stood alone as an unwavering champion of labor unions and the right to strike Thursday, as she dissented from the Supreme Court’s 8-1 ruling against cement truck drivers who went on strike in 2017.

The case, Glacier Northwest, Inc. v. International Brotherhood of Teamsters, was a dispute over the right of a concrete business to sue its unionized employees for damage caused to the company’s cement trucks after workers walked off the job. Glacier and its truck drivers –represented by the International Brotherhood of Teamsters Local 174– were in a stalemate during contract negotiations when the drivers went on strike. The union says it instructed employees to leave the trucks’ cement drums spinning as they walked out so as to minimize damage to the vehicles. Glacier, however, says 16 trucks were damaged due to hardened cement — and that the costly result had been the result of intentional sabotage by its disgruntled workers.

Glacier sued Local 174 for the damage to the trucks, and Local 174 sued Glacier in a separate case alleging that it violated federal labor law by retaliating against union members for the strike.

Justice Amy Coney Barrett wrote a 12-page lead opinion for the court, which was joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, and Brett Kavanaugh. Barrett concluded simply that the union’s actions both destroyed Glacier’s concrete and “posed a risk of foreseeable, aggravated, and imminent harm to Glacier’s trucks.” Taken together, Barrett found these factors rendered the strike unprotected, thus exposing Local 174 to liability.

Jackson, though, was stalwart in her her support of workers’ right to strike.

“The right to strike is fundamental to American labor law,” began Jackson in her 27-page dissent. The justice went on to explain that Congress codified this right in the National Labor Relations Act (NLRA) and protected it with the creation of the National Labor Relations Board (NLRB).

Jackson chastised her fellow justices for “falter[ing]” by abandoning a half-century of precedent “scrupulously guard[ing]” the authority of the NLRB.

The Joe Biden appointee berated her peers for “try[ing] its own hand” at interpreting NLRB precedent and making related factual determinations that will lead to chaotic consequences.

“And in the course of inappropriately weighing in on the merits of those questions at this stage, the majority also misapplies the Board’s cases in a manner that threatens to both impede the Board’s uniform development of labor law and erode the right to strike,” Jackson warned. That danger was precisely the reason Congress created the NLRB, said Jackson, articulating an argument whose parallel might well be applied to other federal agencies in response to the current Court’s hostility toward the “administrative state.”

Jackson argued that the NLRA’s primary purpose was to protect the rights of workers to strike and that sorting out “protected” versus “unprotected” activities during a strike “is a legally and factually complex task” reserved for the agency with specialized labor knowledge. When the Supreme Court took a crack at doing this work itself, said Jackson, it failed, because “the majority seems to misunderstand [the application of legal precedent] in the context of this case.”

Share this @internewscast.com
You May Also Like
Pete Davidson and Outer Banks star Madelyn Cline have been spotted together for the first as they boarded a private jet in Phoenix, Arizona

EXCLUSIVE: Outer Banks star Madelyn Cline knows romance with Pete Davidson is ‘in no way serious’ and just wants to have ‘fun’ with comedian – as pair are pictured together for the FIRST time boarding a private jet

Pete Davidson and Outer Banks star Madelyn Cline have been spotted together…

How To Care for Yourself During a ‘Migraine Hangover’—Because, Yes, It’s a Real Thing

If you’ve ever had a migraine, it’s probably up there on your…
Police releases body camera footage of active shooter gun battle in Florida

Police releases body camera footage of active shooter gun battle in Florida

WALTON COUNTY, Fla. (WMBB) — Walton County Sheriff’s officials released video footage…

Why Is Mirna Menon Photo Trending on The Internet: What Happened? Story Explained

Find out “Why Is Mirna Menon Photo Trending on The Internet?” There…

Justin Trudeau blames Nazi debacle on Speaker: PM claims his fellow Liberal MP is ‘solely responsible for the invitation and recognition’ of ex-SS soldier – and offers ‘unreserved apology’ but refuses to take questions

Canadian Prime Minister Justin Trudeau apologized Wednesday for Parliament´s recognition of a…

Rose Matafeo Parents, Ethnicity, Religion And Family Background

Rose Matafeo is a skilled entertainer, entertainer, and TV have from New…

Raul De Molina Net Worth

What is Raúl De Molina’s Net Worth and Salary? Raúl De Molina…

The Taylor Sheridan & Mike White Rule? Showrunners Can Stay Solo If They Wish After WGA Deal

The idea of showrunners such as The White Lotus’ Mike White and…

Ranking Member Grijalva Condemns Committee Republicans for Fueling Anti-Immigrant Rhetoric

Ranking Member Grijalva’s partial opening statement as delivered for today’s full House…
Here’s what Joe Jonas reportedly heard Sophie Turner say on Ring camera

Here’s what Joe Jonas reportedly heard Sophie Turner say on Ring camera

Joe Jonas allegedly caught Sophie Turner bad-mouthing him on their Ring camera…
Suzanne Morphew vanished without a trace on May 10, 2020 after setting off from her home on a Mother's Day bike ride. Her bike was found that same day, and now her body has finally been found, over three years later, in Moffat, Saguache County, while investigators were probing a completely separate case

Suzanne Morphew’s ‘scattered remains’ were found in a shallow grave in a remote desert field 40 minutes from her home – as husband Barry says he’s ‘relieved’ she’s been found and again protests his innocence

The husband of a Colorado woman whose body was found last week…

Disabled veteran at center of dispute over $2,200 water bill from mobile home park gets new outrageously high bill

JACKSONVILLE, Fla. – A disabled veteran who turned to the News4JAX I-TEAM…