SCOTUS Ruling Attacks Right to Strike

The Supreme Court of the United States (SCOTUS) once again ruled against working families by siding with the employer in Glacier Northwest, Inc. v International Brotherhood of Teamsters Local No. 174. The ruling erodes the basic right of workers to withhold their labor and represents yet another assault on unions and working families.

While the majority opinion still affirms the lawful right to strike, it opens the door for state courts to determine what “reasonable precautions” workers need to take to prevent disruption to an employer’s operations and any consequent losses. This flies in the face of 80 years of established precedent where such matters were properly resolved by an impartial, neutral federal labor board. The decision could have a chilling effect on union activity that is protected by the National Labor Relations Act.

BAC applauds Justice Jackson for her lone dissent, which rightfully noted that the majority opinion places “a significant burden on the employees’ exercise of their statutory right to strike, unjustifiably undermining Congress’s intent.”

“This decision is another example that elections have consequences, and of the conservative wing of the Supreme Court imposing its preferred policy outcomes in the guise of neutrally applying the law,” said BAC President Tim Driscoll. “It is a dangerous moment when workers and their unions are potentially liable for losses sustained by an employer when they lawfully withhold their labor. Strikes are only successful when there is an economic impact, or the threat of one, to the employer.”

“This decision is another example that elections have consequences...It is a dangerous moment when workers and their unions are potentially liable for losses sustained by an employer when they lawfully with hold their labor.” — President Driscoll