National Labor Relations Board v. Kaiser Aluminum & Chemical Corp.’s Empirical Analysis

Citation profile

22 federal appellate ·

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

1. ““Discrimination relates to the state of mind of the employer. ‘The relevance of the motivation of the employer in such discrimination has been consistently recognized * * *.’ The General Counsel had the burden of the issue. Substantial evidence must have been adduced (1) to show the employer knew the employee was engaging in a protected activity, (2) to show that the employee was discharged because he had engaged in protected activity, and (3) to show that the discharge had the effect of encouraging or discouraging membership in a labor organization. Although the Board is entitled to draw reasonable inferences from the evidence, it cannot create inferences where there is no substantial evidence upon which these may be based. Unless there is reasonable basis in the record for making of the three essential findings, the employer who is permitted to discharge ‘for any other than union activity or agitation for collective bargaining with employees’ need not justify or excuse his action.””

   1 later decision quote this exact passage · from the majority
   e.g. National Labor Relations Board v. Sebastopol Apple Growers Union

2. “It was erroneous for the Board to reverse the findings of the Examiner upon the credibility which the latter accorded * * * witnesses of respondent.”

   1 later decision quote this exact passage · from the majority
   e.g. Boeing Airplane Co. v. National Labor Relations Board