West Virginia University College of Law professor Anne Marie Lofaso recently published in the ABA's PREVIEW of United States Supreme Court Cases. Professor Lofaso comments on an upcoming employment law case, Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174, Docket No. 21-984, to be heard in the October 2022 term. The article is titled "When Does the National Labor Relations Act Preempt a State Tort Claim for Property Damage Arising from Workers’ Alleged Failure to Take Precautions to Protect Employer Property before Going on Strike?". Professor Lofaso's contribution appears in volume 50, issue 4 of the journal, published in January 2023.
Case at a Glance:
Glacier Northwest’s unionized ready-mix concrete truck drivers went on strike after the parties had reached an impasse and their collective bargaining agreement had expired. Several strikers returned their trucks fully loaded, rendering the concrete useless, although the trucks were not damaged. This case presents a question whether the drivers’ strike, which is regulated by federal law, subjects their union to a state law tort claim for damage to the concrete.
Find more of Professor Lofaso's scholarship on SSRN and her SelectedWorks scholarship profile.