Devine v. Pastore’s Empirical Analysis
1984
Citation profile
3 federal appellate ·
Relationships
Applies 5 U.S.C. § 706 · 5 U.S.C. § 7106 · 5 U.S.C. § 7116 · 5 U.S.C. § 7121 · 5 U.S.C. § 7703
Relies on Motor Vehicle Manufacturers Association of United States Inc v. State Farm Mutual Automobile Insurance Company Consumer Alert · Devine v. White · Devine v. Ra Sutermeister · Parsons v. United States Department of the Air Force · Devine v. Goodstein
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“standard in reviewing the agency's decision. The arbitrator denied OPM's reconsideration request on May 20, 1982. The opinion on reconsideration again reviewed the evidence supporting the penalty and reaffirmed that the removal sanction was not justified under the contractual tests. In re Arbitration Between the National Treasury Employees Union and the United States Customs Service, Arbitrator's Response to OPM Request for Reconsideration at 6 (May 20, 1982) (Pastore, Arb.) (hereinafter cited as”
1 later decision quote this exact passage · from the majoritye.g. Devine v. Pastore“determine whether certain provisions of Article 30 of the Agreement were violated by the Service and 'if so, what shall the remedy be?' " and that his obligation was "morally, to attempt to decide in a manner which is just to the individuals involved while at the same time maintaining productive union-management peace and harmony.”
1 later decision quote this exact passage · from the majoritye.g. Devine v. Pastore“affect the authority of any management official of any agency ... to suspend, remove, reduce in grade or pay, or take other disciplinary action against ... employees.”
1 later decision quote this exact passage · from the majoritye.g. Devine v. Pastore
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.