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The Long Game to Weaken Workers' Rights

Strict Scrutiny

CHAPTER

Is There a Garmin Preemption Clause in the NLRA?

The case arises out of a strike of concrete workers. The state tort suit alleges the workers failed to take reasonable precautions by leaving concrete in the truck drums as they walked out. But the reality is like the workers left the trucks at the work sites. They also left the machines running. So the concrete didn't immediately harden and the employer nonetheless says maybe you should have emptied the trucks or like done all of these bajillion other things in order.

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