Opinion of the Court
Finally, the Union points out that the drivers returned the trucks to Glacier’s facility. And it maintains that all of the drivers left the drums of their trucks rotating, which delayed the concrete’s hardening process. In the Union’s view, this establishes that the drivers took reasonable precautions to protect the trucks. Brief for Respondent 28–30.
We see it differently. That the drivers returned the trucks to Glacier’s facility does not do much for the Union—refraining from stealing an employer’s vehicles does not demonstrate that one took reasonable precautions to protect them. And Glacier’s allegations do not support the Union’s assertion that all of the drivers left the drums rotating. The Union relies on a vague remark by an unspecified Union agent to another unspecified person to leave a truck running. See id., at 9, 30; Brief for Petitioner 8; App. 34. This snippet does not show that all of the drivers left their trucks running, and even if it did, that would not necessarily mean that the delivery trucks’ drums continued rotating. In any event, Glacier alleged that if concrete remains in a ready-mix truck for too long, it will harden and cause significant damage to the truck. The rotating drum forestalls that hardening for a time, but not indefinitely. And the Union concedes that the NLRA does not arguably protect its actions if they posed a material risk of harm to the trucks. Tr. of Oral Arg. 78.[1]
- ↑ After the Washington Supreme Court affirmed the dismissal of Glacier’s tort claims, the Board’s general counsel issued a complaint alleging that Glacier engaged in unfair labor practices in relation to its labor dispute with the drivers, including by disciplining some of those involved in the strike. The lower courts have not addressed the significance, if any, of the Board’s complaint with respect to Garmon preemption. We will not do so in the first instance. Cutter v. Wilkinson, 544 U. S. 709, 718, n. 7 (2005) (“[W]e are a court of review, not of first view”). The Board’s general counsel agrees that this issue is not properly before us. See Brief for United States as Amicus Curiae 28.
