On Thursday, December 8, 2022, a group of scholars of administrative law, constitutional law, and federal courts filed an amicus curiae brief in the United States Supreme Court in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174, No. 21-1449. In this case, Glacier Northwest claimed that the Teamsters’ strike resulted in harm to Glacier’s concrete. The Washington Supreme Court held that the National Labor Relations Board first had to decide whether the strike was protected conduct before the state courts could hear Glacier’s claims, if they could hear the claims at all. The amicus brief explains that the “primary jurisdiction” doctrine underlying the Washington Supreme Court’s decision—that Congress has designed certain regulatory schemes, including the National Labor Relations Act, to be administered uniformly by expert agencies—has effectively allocated responsibility among courts and agencies for more than a century.
The amicus brief can be found here.
Altshuler Berzon LLP is counsel of record for the professors as amici curiae.