Fitzgerald v. Douds’s Empirical Analysis

Citation profile

12 federal appellate · 7 district · 3 state decisions

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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Section 10 of the National Labor Relations Act (Title 29 U.S.C.A. Section 160 ) is the only section which confers jurisdiction on the courts. Section 10(e) gives the Board power to apply to the courts for enforcement of its orders; and section 10(f) is a similar section giving the privilege of judicial review to ‘any person aggrieved by a final order of the Board.’ But both these sections are confined to orders with respect to unfair labor practices. The Act nowhere authorizes a direct review of a representation order, or of a ‘decertification’ order under the Act as amended. It does, however, provide an indirect review in section 9(d) which directs that when an order under section 10(c) prohibiting an unfair labor practice has been based in part upon a certification following an investigation pursuant to section 9(c) and is to be enforced or reviewed under section 10(e) or 10(f) the record of the certification and investigation shall be included in the transcript. A majority of the court believes that Congress has dealt in section 9(d) with reviews of certification and ‘decertification,’ and has provided therein the only relief it means to grant on that subject. * * *. Except where the Constitution requires it, judicial review of administrative action may be granted or withheld as Congress chooses.””

   1 later decision quote this exact passage · from the majority
   e.g. Elm City Broadcasting Corp. v. National Labor Relations Board

2. ““Hearings on questions affecting commerce; rules and regulations. “(c) (1) Whenever a petition shall have been filed, in accordance with such regulations as may be prescribed by the Board— “(A) by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a substantial number of employees (i) wish to be represented for collective bargaining and that their employer declines to recognize their representative as the representative defined in subsection (a) of this section, or (ii) assert that the individual or labor organization, which has been certified or is being currently recognized by their employer as the bargaining representative, is no longer a representative as defined in subsection (a) of this section; or “(B) by an employer, alleging that one or more individuals or labor organizations have presented to him a claim to be recognized as the representative defined in subsection (a) of this section; “the Board shall investigate such petition and if it has reasonable cause to believe that a question of representation affecting commerce exists shall provide for an appropriate hearing upon due notice. * * *"”

   1 later decision quote this exact passage · from the majority
   e.g. White v. Herzog