182 W. Va. 764 - Roberts v. Gatson’s Empirical Analysis
1990
Citation profile
2 state decisions
Relationships
Applies 29 U.S.C. § 152 (§ 2 of the National Labor Relations Act) · 29 U.S.C. § 158 (§ 8 of the National Labor Relations Act)
Relies on Ex Parte: Edward T Young · Fibreboard Paper Products Corp. v. National Labor Relations Board · National Labor Relations Board v. Katz · Allied Chemical & Alkali Workers of America, Local Union No. 1 v. Pittsburgh Plate Glass Co. · National Labor Relations Board v. Truitt Manufacturing 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“For a week in which his total or partial unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment or other premises at which he was last employed, unless the commissioner is satisfied that he (1) was not participating, financing, or directly interested in such dispute, and (2) did not belong to a grade or class of workers who were participating, financing or directly interested in the labor dispute which resulted in the stoppage of work. No disqualification under this subdivision shall be imposed if the employees are required to accept wages, hours or conditions of employment substantially less favorable than those prevailing for similar work in the locality, or if employees are denied the right of collective bargaining under generally prevailing conditions, or if any employer shuts down his plant or operation or dismisses his employees in order to force wage reduction, changes in hours or working conditions.”
1 later decision quote this exact passage · from the dissent“W.Va.Code, 21A-6-3(4) (1984), disqualifies employees from receiving unemployment compensation benefits if they are involved in ‘a work stoppage incident to a labor dispute,’ unless they can satisfy one of three statutory exceptions: (1) the employees are ‘required to accept wages, hours or conditions of employment substantially less favorable than those prevailing for similar work in the locality’; (2) the employees ‘are denied the right of collective bargaining under generally prevailing conditions’; or (3) ‘an employer shuts down his plant or operation or dismisses his employees in order to force wage reduction, changes in hours or working conditions.’”
1 later decision quote this exact passage“The company’s last offer before the work stoppage is the relevant starting point for determining if the employees are required to accept wages, hours, and conditions of employment substantially less favorable than those prevailing for similar work in the locality under W.Va.Code 21A-6-3(4) (1984).,”
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.