General Tire of Miami Beach, Inc. v. National Labor Relations Board’s Empirical Analysis
332 F.2d 58 · 1964
Citation profile
16 federal appellate · 2 state decisions
How this case has been cited
Cited by 19 later decisions (1 by the Supreme Court) — most recently April 1990
16 federal appellate · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 3500 · 29 U.S.C. § 152 (§ 2 of the National Labor Relations Act)
Relies on Jencks v. United States · National Labor Relations Board v. Walton Manufacturing Co. · National Labor Relations Board v. McGahey · Hendrix Manufacturing Co. v. National Labor Relations Board · National Labor Relations Board v. Ferguson
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The defect in the Board’s conclusion stems directly from the basic weakness in the General Counsel’s case. In the final analysis, the evidence of discriminatory discharge comes down to what a couple of employees said supervisor Bailey said he heard the station manager say as to the cause of Oliveria and Hester’s discharge. “We must avoid, of course, the easy temptation to brush all of this aside as hearsay. We have, on numerous occasions, taken pains to point out that when the fact to be proved is a word spoken, it is an uncritical error to protest as to hearsay. The verbal act, as any other act, may be proved by one who heard it, saw it, or felt it. N. L. R. B. v. Ferguson, 5 Cir. 1958, 257 F.2d 88 , 90, 92; Hendrix Mfg. Co. v. N. L. R. B., 5 Cir. 1963, 321 F.2d 100 , 105; N. L. R. B. v. Globe Prod. Corp., 4 Cir. 1963, 322 F.2d 694 , 696; United States v. Gavagan, 5 Cir. 1960, 280 F.2d 319 , 329; N. L. R. B. v. Tex-Tan, Inc., 5 Cir. 1963, 318 F.2d 472 , 484 n. 31; Huff v. United States, 5 Cir., 1962, 301 F.2d 760 ; Ward v. United States, 5 Cir., 1961, 296 F.2d 898 ; Safeway Stores, Inc. v. Combs, 5 Cir., 1960, 273 F.2d 295 . “The inquiry is not the truth of the words said, merely whether they were said. And frequently once the trier finds them to have been said, the words themselves carry their own death wound. N. L. R. B. v. Ferguson, 5 Cir., 1958, 257 F.2d 88 , 92. “But that is not what we have. What we have is: witness A testifies he overheard B state that C said such an”
3 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.