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Glacier Nw., Inc. v. Int'l Bhd. of Teamsters Local Union No. 174

Glacier Nw., Inc. v. Int'l Bhd. of Teamsters Local Union No. 174

Supreme Court of Washington

September 21, 2021, Argued; December 16, 2021, Filed

NO. 99319-0

Opinion

EN BANC

 [*773]  [**123] 

¶1 Stephens, J. — This case asks us to decide whether an employer’s state tort claims against its truck drivers’ union are preempted by the National Labor Relations Act (NLRA)1 and whether any claims that are not preempted were properly dismissed below. Glacier Northwest Inc.2 claims the International Brotherhood of Teamsters Local Union No. 174 (Local 174) is liable for concrete product loss during a strike and [***2]  for an alleged misrepresentation by a union representative that Glacier claims interfered with its ability to service a concrete mat pour. The trial court ruled the strike-related claims were preempted by the NLRA and granted summary judgment for Local 174 on the misrepresentation claims. Glacier appealed, and the Court of Appeals reversed on the preemption issue but affirmed the trial court’s dismissal of the misrepresentation claims. We [*774]  granted review and accepted amicus curiae briefing from the American Federation of Labor and Congress of Industrial Organizations.

¶2 Today we affirm in part and reverse in part, remanding this case to the trial court with instructions to dismiss Glacier’s claims consistent with this opinion. We conclude the NLRA preempts Glacier’s tort claims related to the loss of its concrete product because that loss was incidental to a strike arguably protected by federal law. We also affirm the dismissal of Glacier’s misrepresentation claims because the union representative’s promise of future action was not a statement of existing fact on which those claims can be properly based and because the statement was not a proximate cause of Glacier’s losses.

FACTS AND PROCEDURAL [***3]  HISTORY

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198 Wn.2d 768 *; 500 P.3d 119 **; 2021 Wash. LEXIS 739 ***

Glacier Northwest, Inc., Respondent, v. International Brotherhood of Teamsters Local Union No. 174, Petitioner.

Subsequent History: US Supreme Court certiorari granted by Glacier Nw., Inc. v. Int'l Bhd. of Teamsters, 2022 U.S. LEXIS 4357 (U.S., Oct. 3, 2022)

Prior History:  [***1] Appeal from King County Superior Court. 17-2-31194-4. Honorable John P. Erlick.

Glacier Nw., Inc. v. Int'l Bhd. of Teamsters Local Union No. 174, 15 Wn. App. 2d 393, 475 P.3d 1025, 2020 Wash. App. LEXIS 2995 (Nov. 16, 2020)

CORE TERMS

drivers, concrete, preemption, preempted, Appeals, mat, work stoppage, unprotected, employees, trucks, dispatch, misrepresentation, losses, trial court, intentional interference, feeling, summary judgment, violence, misrepresentation claim, destruction, promise, state court, damages, reasonable precautions, picketing, trespass, alleges, incidental, principles, plant

Civil Procedure, Appeals, Standards of Review, De Novo Review, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Trials, Consolidation of Actions, Federal & State Interrelationships, Federal Common Law, Preemption, Constitutional Law, Supremacy Clause, Federal Preemption, Supreme Law of the Land, Business & Corporate Compliance, Unfair Labor Practices, Employer Violations, Interference With Protected Activities, Labor & Employment Law, Organizing & Voting Interference, Collective Bargaining & Labor Relations, Strikes & Work Stoppages, Interpretation of Agreements, Federal Preemption, Primacy of Labor Policy, Jurisdiction, Strike Interference, Judicial Review, US Equal Employment Opportunity Commission, Civil Actions, Deferral, Summary Judgment, Entitlement as Matter of Law, Appropriateness, Judgments, Entitlement as Matter of Law, Appellate Review, Standards of Review, Genuine Disputes, Torts, Fraud & Misrepresentation, Negligent Misrepresentation, Defenses, Elements, Actual Fraud, Evidence, Burdens of Proof, Clear & Convincing Proof, Contracts Law, Standards of Performance, Discharge & Termination, Contracts, Intentional Interference, Business Relationships, Commercial Interference, Employment Relationships, Jury Trials, Province of Court & Jury, Elements, Causation, Causation in Fact