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Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Name Change posted:

I doubt she has a firm grasp of what Medicaid is

When she hears "Medicaid recipient" she thinks "black person" except starting with the letter "n".

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Failed Imagineer
Sep 22, 2018

Randalor posted:

I'm curious why the dems voted the way they did, have any of them said why they voted for/against the bill?

Probably some of those are along the same lines as Bernie's statement, essentially "this whole thing is a farce, this bill is unnecessary bullshit, invoke the 14th Amendment"

FizFashizzle
Mar 30, 2005







UKJeff posted:

Fentanyl is the IV opioid of choice in most medical applications, in fact.

In the UK?

Feels like it’s Dilaudid (de-lala land) in my ER.

Randalor
Sep 4, 2011



Stabbey_the_Clown posted:

Probably for the same reasons why several people in this thread were unhappy with it: Unnecessary additions of work requirements to SNAP, and disapproval of the GOP taking the world economy hostage. The procedural vote earlier in the day informed the Democratic party how many votes they'd need to pass it (how many could get away with voting against it).

Failed Imagineer posted:

Probably some of those are along the same lines as Bernie's statement, essentially "this whole thing is a farce, this bill is unnecessary bullshit, invoke the 14th Amendment"

I'm just curious which ones voted for it because they think it was the best they could do, which ones voted for it because they didn't want to keep this game of chicken going, which ones voted against it because they thought that they could get a better or clean bill if they held firm, and which ones were willing to let it fail so the 14th amendment kicks in (we'll call them "the batshit crazies on the left" as a nod to "batshit crazy" being the extreme on the right). As well as other reasons that aren't the obvious ones.

Shooting Blanks
Jun 6, 2007

Real bullets mess up how cool this thing looks.

-Blade



Randalor posted:

I'm just curious which ones voted for it because they think it was the best they could do, which ones voted for it because they didn't want to keep this game of chicken going, which ones voted against it because they thought that they could get a better or clean bill if they held firm, and which ones were willing to let it fail so the 14th amendment kicks in (we'll call them "the batshit crazies on the left" as a nod to "batshit crazy" being the extreme on the right). As well as other reasons that aren't the obvious ones.

There's an argument to be made that the US (and the rest of the world) are already facing economic headwinds. But mostly giving in on the debt ceiling today and through the end of Biden's term, the GOP is effectively putting the success or failure of the US economy on the dems' plate until 2025. Succeed, and they can claim they played ball. Failed, and holy gently caress why do people keep voting in dems that are trying to destroy our country!?

BonoMan
Feb 20, 2002

Jade Ear Joe

FizFashizzle posted:

In the UK?

Feels like it’s Dilaudid (de-lala land) in my ER.

I was in the ER two years ago for colitis (that was thought to maybe be appendicitis at the time).

They gave me some ibuprofen and asked how it was doing. It had taken the 8 down to maybe a 6 or 7. So I said "not doing too much."

They switched me to freaking Dilaudid... Which I had never had. Oh my god.

Then they admitted me and gave me an every two hours option for Dilaudid for the three days I was there. I made sure to use it sparingly... Just 3 times the whole time I was there.

Because.... Oh my god.

It felt amazing, gave me a terrifying fear of getting addicted to something and also I was like "oh this is how an opioid crisis happens." Someone says the ibuprofen isn't hitting strong and you jump right to freaking Dilaudid?!?

Old Kentucky Shark
May 25, 2012

If you think you're gonna get sympathy from the shark, well then, you won't.


Google Jeb Bush posted:

I think there's a decent chance that Scientology does a Mormonism and becomes a more or l3ss accepted semi-mainstream religion. Joseph Smith tried to become essentially a king and did some minor to moderate terrorism, Elrond was a fascinating shithead (i understand why hes robert evans' favorite bastard) but not particularly worse than J-Dawg.

Given the way their numbers have dropped I honestly don’t think it’s likely. Scientology’s population is at less than 1% of its peak membership. By some estimates there’s less then. 20,000 actual practicing Scientologists on the planet. They own half as many buildings as they have followers.

They haven’t actually proved to be very good at propagating their message onto younger populations in a way that sticks.

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



Old Kentucky Shark posted:

Given the way their numbers have dropped I honestly don’t think it’s likely. Scientology’s population is at less than 1% of its peak membership. By some estimates there’s less then. 20,000 actual practicing Scientologists on the planet. They own half as many buildings as they have followers.

They haven’t actually proved to be very good at propagating their message onto younger populations in a way that sticks.
You can have tons of money but it doesn’t mean anything if there’s no one there

cat botherer
Jan 6, 2022

I am interested in most phases of data processing.

PhazonLink posted:

oh and Mormons have a desert state and may also get screwed by CC?
And the Great Salt Lake is drying up, which will expose SLC and everything else downwind to clouds of toxic dust.

Leon Trotsky 2012
Aug 27, 2009

YOU CAN TRUST ME!*


*Israeli Government-affiliated poster

UKJeff posted:

Fentanyl is the IV opioid of choice in most medical applications, in fact. Morphine and many other opioids stimulate the release of histamine , a potent vasodilator. This can lead to a dangerous drop in blood pressure, especially in patients who are critically ill or undergoing surgery. Additionally, patients with kidney failure—also common in critically ill patients, and many others—will be unable to excrete some of the morphine metabolites, leading to dangerously high levels thereof

Fentanyl avoids both of these issues nicely, it’s a very “clean” analgesic. In my experience, it’s probably used 20x as much as morphine in the US. Remifentanil and alfentanil are based off fentanyl IIRC, and are more potent and shorter acting, sometimes used in anesthesia

What I don’t understand is how these “FRS” can be classified as schedule I , given that the definition of schedule I means “currently no accepted medical uses”. Granted, it’s not like that’s true of heroin or cannabis either. Still, not exactly progressive drug legislation

The bill doesn't actually ban fentanyl from medical uses. It just makes "illicitly produced opiates with chemical structures similar to fentanyl" subject to the scheduling.

Adenoid Dan
Mar 8, 2012

The Hobo Serenader
Lipstick Apathy

Leon Trotsky 2012 posted:

The bill doesn't actually ban fentanyl from medical uses. It just makes "illicitly produced opiates with chemical structures similar to fentanyl" subject to the scheduling.

Right, from the bill:


https://www.congress.gov/118/bills/hr467/BILLS-118hr467rfs.xml posted:

“(e) (1) Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of a fentanyl-related substance, or which contains the salts, isomers, and salts of isomers of a fentanyl-related substance whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

“(2) For purposes of paragraph (1), except as provided in paragraph (3), the term ‘fentanyl-related substance’ means any substance that is structurally related to fentanyl by 1 or more of the following modifications:

“(A) By replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle.

“(B) By substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups.

“(C) By substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups.

“(D) By replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle.

“(E) By replacement of the N–propionyl group with another acyl group.

“(3) A substance that satisfies the definition of the term ‘fentanyl-related substance’ in paragraph (2) shall nonetheless not be treated as a fentanyl-related substance subject to this schedule if the substance—

“(A) is controlled by action of the Attorney General under section 201; or

“(B) is otherwise expressly listed in a schedule other than this schedule.

“(4) (A) The Attorney General may by order publish in the Federal Register a list of substances that satisfy the definition of the term ‘fentanyl-related substance’ in paragraph (2)."

It is still a terrible law, just not that poorly thought out. Substances already controlled are not affected by this.

The reporting on this is terrible, as expected.

cat botherer
Jan 6, 2022

I am interested in most phases of data processing.
https://twitter.com/SDonziger/status/1663946335735906305
https://theintercept.com/2023/05/31/cop-city-bail-fund-protest-raid-atlanta/

Organizers of a bail fund for people arrested protesting cop city have themselves been arrested. I love my free country.

cr0y
Mar 24, 2005



Money is speech but no not for you lol, go back to jail hippie.

Mellow Seas
Oct 9, 2012
Probation
Can't post for 10 years!

Old Kentucky Shark posted:

Given the way their numbers have dropped I honestly don’t think it’s likely. Scientology’s population is at less than 1% of its peak membership. By some estimates there’s less then. 20,000 actual practicing Scientologists on the planet. They own half as many buildings as they have followers.

They haven’t actually proved to be very good at propagating their message onto younger populations in a way that sticks.
If your whole religion is based around the gradual (and expensive) revelation of some absolute truth, you kind of need to go through the lower tiers and be personally invested and largely indoctrinated if that absolute truth is objectively silly, or you’ll just think it’s silly.

Basically Scientology couldn’t survive the internet, because it made it easy to spread the message of both how silly and how dangerous they are.

Mormonism’s origins are also silly but by the time Parker and Stone started making fun of them (while giving them grudging respect) there were already a critical mass of them, living in enclaves mostly. So it was able to take the blow and is now generally accepted as, objectively, not being any sillier other forms of Christianity.

But I dunno, the internet, and more mainstream knowledge of Joseph Smith’s story, probably has hurt it - its number of adherents has been dropping and many of them report being less religious than they used to be. Plus it has to fight the general tide of secularism that has been advancing in the west for centuries. Still, there’s so many of them that there will probably always be some people practicing somewhere.

Ghost Leviathan
Mar 2, 2017

Exploration is ill-advised.
Mormonism also has some focus on building and maintaining a community and benefits for being in it so long as you can conform, while Scientology remains purely comically exploitative.

cat botherer
Jan 6, 2022

I am interested in most phases of data processing.
Last Podcast did a pretty good series on current Scientology leader David Miscavige a few months ago.

Civilized Fishbot
Apr 3, 2011

Ghost Leviathan posted:

Mormonism also has some focus on building and maintaining a community and benefits for being in it so long as you can conform, while Scientology remains purely comically exploitative.

Scientology has plenty of "focus on building and maintaining a community and benefits for being in it so long as you can conform."

DeadlyMuffin
Jul 3, 2007

Civilized Fishbot posted:

Scientology has plenty of "focus on building and maintaining a community and benefits for being in it so long as you can conform."

It doesn't have the emphasis on family and having kids that Mormonism does.

What current event is this related to again?

haveblue
Aug 15, 2005



Toilet Rascal

DeadlyMuffin posted:

It doesn't have the emphasis on family and having kids that Mormonism does.

What current event is this related to again?

We got onto this topic because Danny Masterson, scientologist, was convicted of rape

Zotix
Aug 14, 2011



Question, has there been some directive to stop routine traffic enforcement in the past few years(COVID timeframe)? I've lived in several places and aside from highway patrol on interstates I just don't see police pulling people over for traffic infractions. I've also seen the quality of driving decline as a result. Almost every light has 1 ow 2 cars now sneaking through the red as the light changed from yellow. I've also seen more egregious blowing through solid reds or stop signs much more frequently than I ever had before. And I look around and just don't see police pulling cars over like pre COVID.

cat botherer
Jan 6, 2022

I am interested in most phases of data processing.

Zotix posted:

Question, has there been some directive to stop routine traffic enforcement in the past few years(COVID timeframe)? I've lived in several places and aside from highway patrol on interstates I just don't see police pulling people over for traffic infractions. I've also seen the quality of driving decline as a result. Almost every light has 1 ow 2 cars now sneaking through the red as the light changed from yellow. I've also seen more egregious blowing through solid reds or stop signs much more frequently than I ever had before. And I look around and just don't see police pulling cars over like pre COVID.
I've very much noticed the same thing. Traffic deaths jumped signficantly in 2020 and 2021, after generally decreasing for years because of safer vehicles. If I had to guess, it's that cops have decided they're all the Punisher and think traffic enforcement is beneath them when there's better things to do like torment homeless people.

https://en.wikipedia.org/wiki/Motor_vehicle_fatality_rate_in_U.S._by_year

Mellow Seas
Oct 9, 2012
Probation
Can't post for 10 years!

Zotix posted:

Question, has there been some directive to stop routine traffic enforcement in the past few years(COVID timeframe)? I've lived in several places and aside from highway patrol on interstates I just don't see police pulling people over for traffic infractions. I've also seen the quality of driving decline as a result. Almost every light has 1 ow 2 cars now sneaking through the red as the light changed from yellow. I've also seen more egregious blowing through solid reds or stop signs much more frequently than I ever had before. And I look around and just don't see police pulling cars over like pre COVID.
100%.

If you look at when the trend of rising traffic deaths started, after decades and decades of falling - it was in 2015. The year after the Michael Brown protests, when we first started seeing examples of cops saying “well if people don’t want us to fight crime, we’ll just stop doing our jobs. :smug:” So they have, and now it’s caused tens of thousands of extra deaths.

People are driving loving CRAZY out there and yeah, compared to 15 years ago barely anyone is ever pulled over with the lights flashing.

If cops are refusing to provide a service, seems like a good opportunity to take it away from them and create a civilian enforcement division within DOTs/DMVs.

Quixotic1
Jul 25, 2007

I've noticed a lot more cars using the turning lanes to bypass all the cars going straight when at a red light.

Mellow Seas
Oct 9, 2012
Probation
Can't post for 10 years!
The decline in driving quality is even more stark when you consider that advances in auto safety and road engineering (better-designed guardrails, higher sight requirements, modern roundabouts, etc) have continued apace over the last 10 years.

E: although we have had some beneficial tech, the phones are a contributor to poor driving, obviously, so the overall impact of tech is probably negative.

Mellow Seas fucked around with this message at 17:29 on Jun 1, 2023

Barrel Cactaur
Oct 6, 2021

People are really quick to throw out the presumption of innocence, especially in politics where you have a vested interest in the image of all involved. Using me too as a political excuse to do that for certain kinds of accusations is rather gross, especially because all it does is discredit victims stories in non politicized cases. You are never going to convince most people a public figure is a rapist without a conviction (and some people just don't believe in anything), people are hardened to the random slander the political system bands about. You have made a rhetorical system with an argument that can't be disproved and would be impossibly difficult to prove. All that's left is character examination, which you immediately disallow.

This is not a reasonable political point. It largely has nothing to do with most policy. It is a essentially religious belief about the personal morality of another person. It has all the effect of a hard core fanatic declaring every political figure the antichrist, and responding to everything to the contrary by declaring the other debater a satanist. You declare whoever a rapist and anyone who dares to defend them a rape apologist.

The evidence is Biden acts in a real creepy way around young women (in a no such thing as personal space kind of way, unwanted physical contact, hair sniffing). Nobody debates that. But face it, the only success from me too was making other victims come forward until you got one with real evidence. That didn't happen for Biden, and not for any lack of will or funding. He didn't even end up on the female Senate staffer list of people never to be alone with.

cat botherer
Jan 6, 2022

I am interested in most phases of data processing.
https://twitter.com/MorePerfectUS/status/1664287708070461441

The Supremes ruled 8-1 in favor of a concrete company suing their worker's union for damages suffered due to a strike.

https://www.nbcnews.com/politics/supreme-court/supreme-court-rules-concrete-company-union-damages-dispute-rcna77242

quote:

When truck drivers walked off the job, the company says some of the concrete already in the process of being delivered was rendered useless. Drivers returned trucks to the company’s facility, some of which had partial or full loads on board. As a result of the strike, concrete was left in the trucks and had to be removed to harden and then be broken up before it could be disposed of, the company says.

The union says when the workers returned the trucks, the cement was wet, and they left the drums on the trucks rotating, meaning it would not immediately congeal. It was the company’s decision to remove the concrete and then break it up once it hardened, the union says.

The Washington State Supreme court previously ruled in favor of the union, saying that the concrete loss was "incidental to a strike arguably protected by federal law." I don't know how broad this ruling will wind up being, but I think it's really concerning. Withholding labor by striking is the main power labor has. In many industries, there are things that need continuous monitoring or other work to avoid losses like this. Making the unions liable for damages caused by the withdrawal of labor, as in this case, destroys the ability to strike in such industries. One could imagine similar justifications for suing a nurse's union.

Ketanji Brown Jackson was the sole dissent:

cat botherer fucked around with this message at 17:46 on Jun 1, 2023

Meatball
Mar 2, 2003

That's a Spicy Meatball

Pillbug
Within the next year, a company will sue a union and claim loss of income should count as damage. The Supreme court sides with them and now any strike, property damage or not, gets the union sued.

Blue Footed Booby
Oct 4, 2006

got those happy feet

cat botherer posted:

https://twitter.com/MorePerfectUS/status/1664287708070461441

The Supremes ruled 8-1 in favor of a concrete company suing their worker's union for damages suffered due to a strike.

https://www.nbcnews.com/politics/supreme-court/supreme-court-rules-concrete-company-union-damages-dispute-rcna77242

The Washington State Supreme court previously ruled in favor of the union, saying that the concrete loss was "incidental to a strike arguably protected by federal law." I don't know how broad this ruling will wind up being, but I think it's really concerning. Withholding labor by striking is the main power labor has. In many industries, there are things that need continuous monitoring or other work to avoid losses like this. Making the unions liable for damages caused by the withdrawal of labor, as in this case, destroys the ability to strike in such industries. One could imagine similar justifications for suing a nurse's union.

Would they have been fine if they finished dispersing their loads, then commenced the strike?

Mellow Seas
Oct 9, 2012
Probation
Can't post for 10 years!
I can understand a ruling based around the idea that intentional property destruction is not legal in a strike, and the drivers knew what they were doing would ruin the concrete. Always sucks to side against labor but I think the law is pretty clear. Hopefully the company loses the lawsuit.

KBJ was the dissenter.

cat botherer
Jan 6, 2022

I am interested in most phases of data processing.

Blue Footed Booby posted:

Would they have been fine if they finished dispersing their loads, then commenced the strike?
There's nowhere to really disperse it except at job sites. Once the concrete is mixed, it's mixed, and the clock is ticking. The drivers left the tanks turning to keep the concrete viable as long as possible. The company just failed to plan for this strike that they knew was coming.

Mellow Seas posted:

I can understand a ruling based around the idea that intentional property destruction is not legal in a strike, and the drivers knew what they were doing would ruin the concrete. Always sucks to side against labor but I think the law is pretty clear. Hopefully the company loses the lawsuit.

KJB was the dissenter.
That's not what happened. They took reasonable steps to keep the concrete viable before walking off. There's no reasonable way the drivers could have handled it better than they did.

Oxyclean
Sep 23, 2007


quote:

The drivers left the tanks turning to keep the concrete viable as long as possible. The company just failed to plan for this strike that they knew was coming.
I'm under the impression "leaving the drum turning" is still something like a matter of hours. Is the an argument for why they didn't strike at the start of the day / before the concrete became mixed?

On one hand, I don't mind workers having those kinds of pressure tactics, but I also don't know how reasonable it is to expect management to have to respond to such a short "deadline"?

That said, it feels like where you draw the line on damages due to time-sensitivity feels like it could be treated very disingenously.

KillHour
Oct 28, 2007


cat botherer posted:

There's nowhere to really disperse it except at job sites. Once the concrete is mixed, it's mixed, and the clock is ticking. The drivers left the tanks turning to keep the concrete viable as long as possible. The company just failed to plan for this strike that they knew was coming.

That's not what happened. They took reasonable steps to keep the concrete viable before walking off. There's no reasonable way the drivers could have handled it better than they did.

This is really in the weeds but I wonder if they poured sugar into it. Sugar prevents the concrete from setting (for a while) and most cement truck drivers keep a bag of it, or at least a few 2 liter bottles of soda around for that reason. It shouldn't matter, but I wonder if doing that could be an even stronger argument that they did everything reasonable to prevent damage.

Mooseontheloose
May 13, 2003
I think the clear dictum here is to create as much economic damage as possible as to make the company not viable.

But for real, why did Sotomayor joint he majority?

Mellow Seas
Oct 9, 2012
Probation
Can't post for 10 years!
Max lifespan of concrete in a mixer is about two hours. Remember that it’s not just about the concrete staying liquid, but about it having the right compressive strength when it’s poured and hardened. A very precise mixture of water and aggregates is needed that a mixer can only sustain for so long.

KillHour
Oct 28, 2007


Mellow Seas posted:

Max lifespan of concrete in a mixer is about two hours. Remember that it’s not just about the concrete staying liquid, but about it having the right compressive strength when it’s poured and hardened. A very precise mixture of water and aggregates is needed that a mixer can only sustain for so long.

I imagine the argument was less about "we wasted all that concrete" and more about "we had to pay to have the concrete chipped out of our trucks"

Mellow Seas
Oct 9, 2012
Probation
Can't post for 10 years!

KillHour posted:

I imagine the argument was less about "we wasted all that concrete" and more about "we had to pay to have the concrete chipped out of our trucks"
You’re probably right. Looks like a mixer truck can only hold about 10 cubic yards of concrete, which is barely a thousand dollars of material. Of course, the damage to the trucks could also be considered intentional property damage.

E: I would not put it past the company to intentionally use a more difficult, labor-intensive method to remove the concrete than was necessary, so they could use the cost to punish the union. They probably did not have to “let it harden.”

I understand the ruling but KBJ does make a good argument against it (which partially rested on the idea of Glacier letting the damage be worse than it had to be by not attempting reasonable mitigation.)

Mellow Seas fucked around with this message at 18:14 on Jun 1, 2023

UKJeff
May 17, 2023

by vyelkin

FizFashizzle posted:

In the UK?

Feels like it’s Dilaudid (de-lala land) in my ER.

I practiced in the US, but in the critical care setting. Individual practices & opinions will vary (and of course may not always reflect the latest evidence-based guidelines) but it’s well established that fentanyl causes the least amount of histamine release and the associated hypotension. Also, the lowest risk of toxicity via metabolites in patients with renal compromise. In my opinion, it’s the best choice for iv analgesia/sedation in the critical care and anesthetic setting. In my less qualified opinion I think it’s generally the best Iv analgesic for other settings as well, simply because of a more favorable risk profile.

That said, “you use the gun you can shoot” .. prescribing practices often reflect one’s training, and if someone is far more familiar with dosages and use of one particular drug, that is probably the best choice for them to use. From what I’ve heard from ED docs, dilaudid is often requested by drug seeking patients by name or by way of claiming “morphine allergy”, so it seems like word is out. Some facilities have banned its use in the ED outright except in the case of sickle cell crisis.

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.
Here's the decision. Some internal cites omitted.

quote:

All agree that the NLRA protects the right to strike but that this right is not absolute. The Board has long taken the position—which both the Union and Glacier accept—that the NLRA does not shield strikers who fail to take “reasonable precautions” to protect their employer’s property from foreseeable, aggravated, and imminent danger due to thesudden cessation of work. (“concerted activity” is “indefensible where employees fail to take reasonable precautions to protect the employer’s plant, equipment, or products from foreseeable imminent danger due to sudden cessation of work”). Given this undisputed limitation on the right to strike, we proceed to
consider whether the Union has demonstrated that the statute arguably protects the drivers’ conduct. We conclude that it has not.

The drivers engaged in a sudden cessation of work that put Glacier’s property in foreseeable and imminent danger. The Union knew that concrete is highly perishable and that it can last for only a limited time in a delivery truck’s rotating drum. It also knew that concrete left to harden in a truck’s drum causes significant damage to the truck. The Union nevertheless coordinated with truck drivers to initiate the strike when Glacier was in the midst of batching large quantities of concrete and delivering it to customers. Predictably, the company’s concrete was destroyed as a result. And though Glacier’s swift action saved its trucks in the end, the risk of harm to its equipment was both foreseeable and serious. See NLRB v. Special Touch Home Care Services, Inc., 708 F. 3d 447, 460 (CA2 2013) (“The appropriate inquiry is focused on the risk of harm, not its realization”).

The Union failed to “take reasonable precautions to protect” against this foreseeable and imminent danger. It could have initiated the strike before Glacier’s trucks were full of wet concrete—say, by instructing drivers to refuse to load their trucks in the first place. Once the strike was underway, nine of the Union’s drivers abandoned their fully loaded trucks without telling anyone—which left the trucks on a path to destruction unless Glacier saw them in time to unload the concrete. Yet the Union did not take the simple step of alerting Glacier that these trucks had been returned. Nor, after the trucks were in the yard, did the Union direct its drivers to follow Glacier’s instructions to facilitate a safe transfer of equipment. To be clear, the “reasonable precautions” test does not mandate any one action in particular. But the Union’s failure to take even minimal precautions illustrates its failure to fulfill its duty.

Indeed, far from taking reasonable precautions to mitigate foreseeable danger to Glacier’s property, the Union executed the strike in a manner designed to compromise the safety of Glacier’s trucks and destroy its concrete. Such conduct is not “arguably protected” by the NLRA; on the contrary, it goes well beyond the NLRA’s protections. See NLRB v. Marshall Car Wheel & Foundry Co.(strike unprotected when employees abandoned their posts without warning “when molten iron in the plant cupola was ready to be poured off,” even though “a lack of sufficient help to carry out the critical pouring operation might well have resulted in substantial property damage”). Thus, accepting the complaint’s allegations as true, the Union did not take reasonable precautions to protect Glacier’s property from imminent danger resulting from the drivers’ sudden cessation of work. The state court thus erred in dismissing Glacier’s tort claims as preempted on the pleadings.

[...]
Second, the Union argues that “workers do not forfeit the Act’s protections simply by commencing a work stoppage at a time when the loss of perishable products is foreseeable.” It points out that the Board has found strikers’ conduct protected even when their decision not to work created a risk that perishable goods would spoil. If the mere risk of spoilage is enough to render a strike illegal, the Union insists, then workers who deal with perishable goods will have no meaningful right to
strike.

The Union is swinging at a straw man. It casts this case as one involving nothing more than a foreseeable risk thatthe employer’s perishable products would spoil. But giventhe lifespan of wet concrete, Glacier could not batch it until a truck was ready to take it. So by reporting for duty and pretending as if they would deliver the concrete, the drivers prompted the creation of the perishable product. Then, they waited to walk off the job until the concrete was mixed and poured in the trucks. In so doing, they not only destroyed the concrete but also put Glacier’s trucks in harm’s way. This case therefore involves much more than “a work stoppage at a time when the loss of perishable products is foreseeable.”

Jackson's dissent is more than half the document, I don't have time to go through it at present.

Discendo Vox fucked around with this message at 18:21 on Jun 1, 2023

Main Paineframe
Oct 27, 2010

Blue Footed Booby posted:

Would they have been fine if they finished dispersing their loads, then commenced the strike?

The ruling says yes. It also says that they would have been alright if they had failed to show up for the day at all, since the concrete isn't mixed until the trucks show up to pick it up.

The Court says the issue is that they showed up for the day, loaded up their trucks with freshly-mixed concrete, and then began the work stoppage and left those fully-loaded trucks full of highly-perishable concrete for the company to deal with.

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Randalor
Sep 4, 2011



Do strikes just magically pop out of the ether in the US? I thought that unions normally had to give notice of a strike to the company stating the date and time that the union is striking.

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