
(AGENPARL) – STANFORD (CA) lun 05 giugno 2023

The Glacier v. Teamsters ruling isn’t as bad as I feared from this Court. The ruling, while allowing for suits in state court, emphasizes the peculiar facts of this case and appears to continue to protect strikes that are timed to harm the employer. No strike is worth its salt if it can’t be timed to hurt the employer. Nothing in this opinion has changes that.
The other concern from this case was that this Court would overturn the doctrine of preemption as it relates to National Labor Relations Board (NLRB) jurisdiction. Hostile courts in “right to work” states would hit unions for damages. This decision didn’t do this, though Justice Jackson’s view of preemption preserving NLRB primary jurisdiction at all stages was a better position. It wasn’t as bad as expected.
Fonte/Source: https://law.stanford.edu/2023/06/05/stanfords-bill-gould-on-scotus-labor-case/