Background

The case originated in 2017 when employees from the building company, Glacier Northwest, went on strike after negotiations over a new union contract hit a stalemate. At the time the strike was called, 43 of Glacier Northwest’s trucks were out for concrete deliveries and returned to the company’s yard. Managers of Glacier Northwest had to dispose of the hardening concrete to avoid damages to 16 of their Ready-Mix trucks. As a result, Glacier issued disciplinary letters to the 16 drivers and sued The International Brotherhood of Teamsters over the wasted concrete. The Teamsters defended the drivers by pointing out that the trucks had been left running so that Glacier Northwest’s management could dispose of the cement without damage. In response, Glacier Northwest alleged that the 16 drivers left the concrete in the trucks with the intention of damaging the trucks. The Washington Supreme Court ultimately rejected the lawsuit finding that the NLRA preempts suits of this nature. The court additionally stated, “labor conduct is ‘arguably protected’ under section 7 [of the NLRA] when the party asserting preemption ‘advance[s] an interpretation of the Act that is not plainly contrary to its language and that has not been authoritatively rejected by the courts or the Board.’”