Algoma Plywood & Veneer Co. v. Wisconsin Employment Relations Board’s Empirical Analysis
336 U.S. 301 · 1949
Citation profile
56 federal appellate · 25 district · 170 state decisions
How this case has been cited
Cited by 338 later decisions (50 by the Supreme Court) — most recently September 2018 · most notably San Diego Building Trades Council v. Garmon (1959), Metropolitan Life Insurance v. Massachusetts (1985)
56 federal appellate · 25 district · 170 state decisions — followed in 27 states
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 28 U.S.C. § 1257 · 29 U.S.C. § 141 (§ 1 of the Labor Management Relations Act of 1947 (Taft-Hartley Act)) · 29 U.S.C. § 158 (§ 8 of the National Labor Relations Act) · 29 U.S.C. § 160 (§ 10 of the National Labor Relations Act) · 29 U.S.C. § 164 (§ 14 of the National Labor Relations Act)
Relies on National Labor Relations Board v. Hearst Publications, Inc. · National Licorice Co. v. National Labor Relations Board · Johnson v. Stevenson · Allen-Bradley Local No 1111 United Electrical Radio and Machine Workers of America v. Wisconsin Employment Relations Board · Hitchman Coal & Coke Co. v. Mitchell
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 338 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Nothing in this Act shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization as a condition of employment in any State or Territory in which such execution or application is prohibited by State or Territorial law.”
26 later decisions quote this exact passage · from the majority““It shall be unfair labor practice for an employer ... by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization: Provided, That nothing in this Act, or in any other statute of the United States shall preclude any employer from making an agreement with a labor organization (not established, maintained, or assisted by any action defined in section 8(a) of this Act as an unfair labor practice) to require as a condition of employment membership therein on or after the thirtieth day following the beginning of such employment or the effective date of such agreement, whichever is the later, (i) if such labor organization is the representative of the employees as provided in section 9(a), in the appropriate collective-bargaining unit covered by such agreement when made; and (ii) unless following an election held as provided in section 9(e) within one year preceding the effective date of such agreement, the Board shall have certified that at least a majority of the employees eligible to vote in such election have voted to rescind the authority of such labor organization to make such an agreement: Provided, further. That no employer shall justify any discrimination against an employee for nonmembership in a labor organization (A) if he has reasonable grounds for believing that such membership was not available to the employee on the same terms and conditions generally applicable to”
5 later decisions quote this exact passage · from the dissent“(1) It shall be an unfair labor practice for an employer * * * (c) 1. To encourage * * * membership in any labor organization * * * by discrimination in regard to hiring, tenure or other terms or conditions of employment; provided, that an employer shall not be prohibited from entering into an all-union agreement with the representatives of his employes in a collective bargaining unit, where at least two-thirds of such employes voting * * * shall have voted affirmatively by secret ballot in favor of such all-union agreement in a referendum conducted by the board. * * *”
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.