Labor & Employment Law Blog

Strike and picketing activity have historically enjoyed broad protection under labor law.  This has often left employers suffering property or other damage as a result of strikes or picketing without a meaningful remedy.  A new U.S. Supreme Court ruling stands to change that.  

Employers may sue unions when members fail to take “reasonable precautions” to protect their employer’s property, even when the union members are engaged in a strike. On June 1, 2023, the Supreme Court ruled in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174 (No. 21–1449), that an employer can bring state law claims for damages if union members engage in actions that expose their employer’s property to “foreseeable, aggravated, and imminent danger due to the sudden cessation of work.”

In a recent article, the National Labor Relations Board (“NLRB”) reported that during the first six months of 2022, union representation petitions filed at the NLRB increased 58%—up to 1,892 from 1,197 during the first half of 2021.  (https://www.nlrb.gov/news-outreach/news-story/correction-first-three-quarters-union-election-petitions-up-58-exceeding).  The NLRB also reported that in 2021, 52% of petitions filed resulted in a victory for the union as compared to only 46% in 2020.  (https://www.nlrb.gov/reports/nlrb-case-activity-reports/representation-cases/intake/representation-petitions-rc).

The trucking industry has a special history with respect to the employment status of its drivers.  Those who own or lease their own rigs prefer to view themselves as owner-operators.  They may work principally for one carrier or can work for multiple carriers in different parts of the country.  This tradition runs so deep that even Teamster Union contracts have had special carve-outs for the owner operator.  Over time, the growth of the industry into different carrier modalities, from interstate freight to web based consignment package delivery, has changed the opportunities for drivers and the economic model for the shippers.  Still, the independent contractor model has remained resilient across the industry, despite numerous legal challenges.