The Supreme Court on Thursday sided with a cement mixing company that seeks to bypass federal labor law and sue a union in state court for the destruction of property caused by striking workers.
The court said the dispute could continue in state court for now, a move that could chill workers' decision to strike for fear that unions would now have to face potentially costly litigation in state court for misconduct during federally protected strikes.
The union argued that the case should be handled by an independent federal agency that investigates allegations of wrongdoing, and that the union should not have to face costly state litigation.
The case had been closely watched by supporters of unions who have witnessed the conservative majority in recent years chip away their power.
Justice Amy Coney Barrett said that the "union's actions not only resulted in the destruction of all the concrete Glacier had prepared that day; they also posed a risk of foreseeable, aggravated, and imminent harm to Glacier's trucks."
She noted that "because the union took "affirmative steps to endanger Glacier's property" rather than "reasonable precautions to mitigate the risk" the conduct at issue is not protected by the National Labor Relations Act."
Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan and Brett Kavanaugh joined Barrett's opinion.
This story is breaking and will be updated.
