In an 8-to-1 decision, the court affirmed what the law already says — that the National Labor Relations Act does not allow workers to intentionally destroy company property.
At that point, as Justice Amy Coney Barrett’s majority opinion describes, “at least 16 drivers who had already set out for deliveries returned with fully loaded trucks. Seven parked their trucks, notified a Glacier representative, and either asked for instructions or took actions to protect their trucks. But at least nine drivers abandoned their trucks without a word to anyone.”
The initial trial court dismissed Glacier’s claim on the basis that the union and drivers’ actions fell under “protected concerted activity” in the NLRA . “Because the Union took affirmative steps to endanger Glacier’s property rather than reasonable precautions to mitigate that risk, the NLRA does not arguably protect its conduct,” Justice Barrett wrote.
The other eight justices did not believe that it was even arguable that the union’s conduct was protected by the NLRA, but Justice Jackson did.
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