This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.

At the Supreme Court

• Employers Can Sue Union for Strike Damage. In a significant decision for employers, Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174, 2023 U.S. LEXIS 2299 (June 1, 2023), the Supreme Court held that the NLRA does not protect a union from claims alleging destruction of property during a strike when the union failed to take reasonable precautions to protect against foreseeable and imminent harm. The case involved a company that prepared and sold ready-mix concrete, which begins to harden unless it is delivered promptly after being loaded onto the ready-mix trucks. The union ordered a strike when it knew the company was in the midst of mixing substantial amounts of concrete, loading batches into ready-mix trucks, and making deliveries. Although the company instructed drivers to finish deliveries in progress, the union directed them to ignore the company’s instructions, and the concrete that had been mixed that day hardened and was destroyed. The Court emphasized that while the NLRA protects the right to strike, that right is not absolute: “the NLRA does not shield strikers who fail to take ‘reasonable precautions’ to protect their employer’s property from foreseeable, aggravated, and imminent danger due to the sudden cessation of work.”

• Court...

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