SCOTUS to unions, 8-1: You break it, you bought it

[TBoneTX 45,248]

SCOTUS to unions, 8-1: You break it, you bought it

 

In an 8-1 decision in which only Justice Ketanji Brown Jackson fully dissented, the Supreme Court ruled today that unions have to reimburse employers for damages caused by striking workers.  The National Labor Relations Act does not confer immunity to unions or workers [...]

 

https://hotair.com/ed-morrissey/2023/06/01/scotus-to-unions-8-1-you-break-it-you-bought-it-n554988

[Mike E 11,739]

The workers whose CBA expired, walked off the job while  cement was still in the trucks.

 

The court is arguing that workers had a duty to unload the cement before the walkout to prevent the product from solidifying in the truck and damaging it. 

 

I can see KBJ’s point. The employer chose to operate union workers without a new CBA.

 

 

 

 

[TBoneTX 45,248]

This ruling is a strike-back of sorts against wanton Antifa/BLM-type irresponsibility and destruction.

[Ban Hammer 13,327]

14 hours ago, Mike E said:

The workers whose CBA expired, walked off the job while  cement was still in the trucks.

 

The court is arguing that workers had a duty to unload the cement before the walkout to prevent the product from solidifying in the truck and damaging it. 

 

I can see KBJ’s point. The employer chose to operate union workers without a new CBA.

 

 

 

 

the union acted maliciously, knowing that the employer's equipment would be damaged.
what's next, pilots parachuting out of the plane because the contract ended?

[Mike E 11,739]

Just now, TBoneTX said:

This ruling is a strike-back of sorts against wanton Antifa/BLM-type irresponsibility and destruction.

But Antifa / BLM engage in proactive destruction. This is a ruling that says somebody in  “at will” employment can be held liable for quitting a job.
 

Employers have a remedy: hire employees under a written contract. Such as  CBA.

 

Glad I do not have to work any more.

[Mike E 11,739]

1 minute ago, Ban Hammer said:

what's next, pilots parachuting out of the plane because the contract ended?

False analogy since crashing a plane is an active act. Regardless, 

1. That would break at least 3 criminal laws I can think of. What criminal laws did the truck drivers break?

 

2. A pilot who thinks it is safer jump from plane than land it has a loose screw. Every pilot who has flown me wants to survive a flight as much as I do. That’s why they delay or cancel flights when conditions are not safe.

 

3. The exit doors cannot be opened in flight.

 

The closest analogy I can think would be a U.S. airline crew member flying a long haul to an airport that has just weekly service. The crew member  does the mandatory 14 days rest, during which the CBA ends.  On the day the crew member is due to work a return flight, the member  quits.  That will cost the airline dearly since there is no spare crew member available at a remote station. 

In most states,  burger flippers are subject to non competes. Now when a shift manager yells at a burger flipper in the middle of frying $100 of meat, the employer can sue the cook for quitting on the spot, because all the beef burned on the grill.

 

Instead of running to courts to solve their problems, they should instead have anticipated them (insurance, a clause in the CBA, using scabs when the CBA expires,  tying a greater portion of compensation to performance, …, I am sure there are others).

 

But then again this ruling is consistent with the ruling that employers can’t fire employees without cause a shortly before they vest in their 20 year pension, or their stock options. Except that ruling never happened.

 

Truly an anti libertarian, activist decision. Business owners who cannot handle risk should get out of the business.

[Ban Hammer 13,327]

36 minutes ago, Mike E said:

False analogy since crashing a plane is an active act. Regardless, 

 

and so is filling up a truck with something that will ruin the truck with knowledge of an impending strike.

[Mike E 11,739]

1 hour ago, Ban Hammer said:

and so is filling up a truck with something that will ruin the truck with knowledge of an impending strike.

The truck is being filled up stuff it is designed to carry. 
 

Employer knew there was no CBA in place.

 

Play stupid games, win stupid prizes.

 

Speaking of which, the drivers should definitely be black listed.

 

Court intervention not needed here.

 

Meanwhile scotus twiddles its thumbs on loan forgiveness, DACA, fake Russia gate, etc.