The U.S. Supreme Court’s decision in Glacier Northwest v. Teamsters Local 174 is outrageous—valuing property over workers’ rights. But it could have been much worse.
Unions still have the right to strike. Employers still can’t generally sue unions in state court for losses caused by strikes. But the decision does open the door to whittling away those rights more in the future.
The practical impact of the Court’s decision is that employers will be suing unions more often for alleged property damage caused by strikes—and that therefore unions (and their attorneys) are likely to be more cautious.
But the Court did not do what many had feared it would do in this case: overrule longstanding precedent that employers generally cannot sue unions in state court over activities—like strikes—covered by the National Labor Relations Act.
Instead, it found that this case fell under an already-existing exception for intentional damage to employer property or failure to take reasonable precautions to prevent such damage.
Workers and unions are right to be furious at this ruling. But we should be careful not to sensationalize or overstate it—which could do more damage to the right to strike than the ruling itself does, by making workers scared to exercise it.
 

This is an excerpt from a longer article you can read here.