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← 211 F.2d 36 - Farmer v. United Electrical, Radio & MacHine Workers of America (Ue) Farmer v. American Communications Ass'n. Farmer v. International Fur & Leather Workers Union of United States and Canada

Farmer v. United Electrical, Radio & MacHine Workers of America (Ue) Farmer v. American Communications Ass'n. Farmer v. International Fur & Leather Workers Union of United States and Canada’s Empirical Analysis

211 F.2d 36 · 1954

Citation profile

69
cited by 69 later decisions
4
cited 4 times by the Supreme Court
2
states following
March 1969
most recently cited

48 federal appellate · 4 district · 2 state decisions

Relationships

Applies 29 U.S.C. § 159 (§ 9 of the National Labor Relations Act) · 5 U.S.C. § 1008

Relies on Joint Anti-Fascist Refugee Committee v. McGrath · Rochester Telephone Corporation v. United States · Columbia Broadcasting System, Inc. v. United States · American Federation of Labor v. National Labor Relations Board · American Federation of Labor v. Watson

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

  1. ““We hold, for the reasons expressed in the trial court’s memorandum, that the Board has no authority under the Act to deprive the Unions of their compliance status under § 9 (h). The scheme of § 9 (h) is clear. It imposes a criminal penalty for filing a false affidavit under § 9 (h), in order to deter Communist officers from filing at all; then the failure of such an officer to file is made the touchstone for barring his union from crucial benefits under the Act, as an incentive to the membership to rid itself of such leadership. There is nothing in the Act or in its legislative history or in good sense to indicate that Congress meant to go further and impose the drastic penalty of excluding the union from the Act’s benefits because its officer had deceived the union as well as the Board by filing a false affidavit. We need not decide whether the union would be barred from the Act’s benefits if its membership was aware of the alleged falsity of the affidavit. The Board makes no claim of such awareness here.” (Italics ours.)”
    1 later decision quote this exact passage · from the majority
  2. ““These instructions [prohibiting unions from filing complaints] have deprived and, but for the injunction issued below, would have continued to deprive the Unions of crucial benefits under the Act and this without any sort of prior hearing. In these circumstances, it can hardly be said that the action assailed is not ripe for review, or that the Unions should be required to exhaust a dubious opportunity for a hearing offered to them after the ax had fallen, or that there is an adequate remedy at law for the injuries resulting from the Board’s unlawful action. * * *” At 40. [Emphasis supplied]”
    1 later decision quote this exact passage · from the majority
  3. “that he is not a member of the Communist Party or affiliated with such party, and that he does not believe in, and is not a member of or supports any organization that believes in or teaches, the overthrow of the United States Government by force or by any illegal or unconstitutional methods,”
    1 later decision 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.