Herzog v. Parsons’s Empirical Analysis
181 F.2d 781 · 1950
Citation profile
18 federal appellate · 2 district ·
Relationships
Applies 29 U.S.C. § 141 (§ 1 of the Labor Management Relations Act of 1947 (Taft-Hartley Act)) · 29 U.S.C. § 153 (§ 3 of the National Labor Relations Act) · 29 U.S.C. § 156 (§ 6 of the National Labor Relations Act) · 29 U.S.C. § 191 (Labor Management Relations Act of 1947 (Taft-Hartley Act))
Relies on United States v. American Trucking Associations · Chicot County Drainage District v. Baxter State Bank · Panama Refining Co. v. Ryan · Takao Ozawa v. United States · Dollar v. Land
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(k) Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of paragraph (4) (D) of section 8 (b), the Board is empowered and directed to hear and determine the dispute out of which such unfair labor practice shall have arisen, unless, within ten days after notice that such charge has been filed, the parties to such dispute submit to the Board satisfactory evidence that they have adjusted, or agreed upon methods for the voluntary adjustment of, the dispute. Upon compliance by the parties to the dispute with the decision of the Board or upon such voluntary adjustment of the dispute, such charge shall be dismissed.”
4 later decisions quote this exact passage · from the majority“But we cannot conclude, as does appellee, that Congress, by purposefully placing this burden on the Board, intended that 10(k) proceedings must be handled by the Board alone as isolated and distinct from the rest of section 10 regardless of the difficulties thereby created. We think Congress intended to have 10 (k) proceedings dovetail with the rest of section 10 in order that the applicable machinery of the other subsections might be more easily implemented if and when necessary. Thus, though the Board may on the one hand be attempting to arbitrate a dispute under 10(k), it was contemplated on the other hand that other proceedings under section 10 might also be instituted either before, during, or after the hearing and determination.”
2 later decisions quote this exact passage · from the majority“(b) It shall be an unfair labor practice for a labor organization or its agents — * * * * *”
2 later decisions quote this exact passage · from the majority
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.