In the case of United Steelworkers of America, AFL-CIO-CLC v. Rawson et al., 1989, the Supreme Court ruled that a union could not be held liable for negligence in safety inspections leading to workplace accidents unless it can be proven that they deliberately misled workers about potential hazards. The case arose from an explosion at a mine in Idaho where two miners were killed and several others injured. The survivors and families sued the mining company and also included their union (United Steelworkers) alleging it had been negligent in its role as part of a joint safety committee with management. However, the court found no basis for imposing liability on unions under federal labor law without evidence of fraud or deceitful action by them towards their members regarding safety issues.

In the dissenting opinion for United Steelworkers of America, AFL-CIO-CLC v. Rawson, Justice Brennan argued that the majority's decision to dismiss the wrongful death claim was incorrect. He believed that a union could be held liable for negligence in safety inspections under state law if it voluntarily undertook such duties and performed them negligently. The collective bargaining agreement did not explicitly relieve the union from liability arising out of its own negligent conduct during safety inspections; therefore, he contended that federal labor law should not preempt state tort claims against unions for their own negligent acts outside traditional representational activities. In his view, this would allow injured workers or their families to seek compensation while still preserving important principles of federal labor policy.