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Labor Contract Formation, Tenuous Torts, and the Realpolitik of Justice Sotomayor on the 50th Anniversary of the Steelworkers Trilogy: Granite Rock v. Teamsters


David L. Gregory


St. John's University - School of Law

Rowan Foley Reynolds


affiliation not provided to SSRN

Nadav Zamir


affiliation not provided to SSRN

August 24, 2010

St. John's Legal Studies Research Paper No. 1845845

Abstract:     
Since its passage in 1947, the Supreme Court has understood Section 301(a) of the Labor-Management Relations Act as a Congressional mandate to create a body of federal common law regulating private sector labor management disputes arising out of collective bargaining agreements. In light of this established labor law jurisprudence and the 50th anniversary of the landmark Steel Workers Trilogy, this past Term Granite Rock v. International Brotherhood of Teamsters opted for stability, declining to recognize a federal tort claim arising under Section 301(a). The Court was anything but definitive, deeming it "premature" to consider the tort dimension. This article focuses especially on why the Court should have taken the opportunity to define whether Section 301(a)’s scope extended to tort claims.

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Date posted: May 20, 2011 ; Last revised: June 13, 2011

Suggested Citation

Gregory, David L. and Reynolds, Rowan Foley and Zamir, Nadav, Labor Contract Formation, Tenuous Torts, and the Realpolitik of Justice Sotomayor on the 50th Anniversary of the Steelworkers Trilogy: Granite Rock v. Teamsters (August 24, 2010). St. John's Legal Studies Research Paper No. 1845845. Available at SSRN: http://ssrn.com/abstract=1845845 or http://dx.doi.org/10.2139/ssrn.1845845

Contact Information

David L. Gregory (Contact Author)
St. John's University - School of Law ( email )
8000 Utopia Parkway
Jamaica, NY 11439
United States
Rowan Foley Reynolds
affiliation not provided to SSRN
Nadav Zamir
affiliation not provided to SSRN
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