Order of Ry. Conductors v. National Mediation Board’s Empirical Analysis
113 F.2d 531 · 1940
Citation profile
11 federal appellate ·
Relationships
Applies 45 U.S.C. § 151 (Railway Labor Act) · 45 U.S.C. § 151A · 45 U.S.C. § 152 (Railway Labor Act)
Relies on Brotherhood of Railroad Trainmen v. National Mediation Board · Brotherhood of Railway & Steamship Clerks, Freight Handlers, Express & Station Employees v. Nashville, C. & St. L. Ry. Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““That the present case does not constitute a representation dispute within the meaning of Section 2, Ninth, will appear from a hypothetical situation which differs from it only slightly. Let us assume that 1,200 yardmen are all members of the B. R. T., and that that organization is admitted to be the representative of the craft of yardmen, and that 400 road conductors all belong to the O. R. C., which concededly is the representative of that craft. The two unions are in violent dispute, however, as to whether three men fall in one class or craft or the other. Such a dispute would obviously not be one as to the representation of a class or craft, inasmuch as the representation of no class or craft was disputed. The principle is the same no matter how large the group concerned, if both sides concede that it is not large enough to affect the choice of representatives. “It is important to distinguish this situation from that in which the minority group is claimed to form a separate bargaining unit of its own. In that case, when one party claims to represent such a unit as a class or craft and the other insists that the class or craft is composed of a larger group, there is a dispute as to who represents a class or craft. This would be true no matter what the relative sizes of the two groups. In resolving such a dispute' the Board must first determine what the class or craft is, in order that it may designate who may participate in the election. The fact that there may be no doubt”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.