National Labor Relations Board v. Gamble Enterprises, Inc.’s Empirical Analysis
1953
Citation profile
6 federal appellate · 15 state decisions
How this case has been cited
Cited by 33 later decisions (9 by the Supreme Court) — most recently September 2017 · most notably United States v. Green (1956), 69 Cal. 2d 713 - Consolidated Theatres, Inc. v. Theatrical Stage Employees Union, Local 16 (1968)
6 federal appellate · 15 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.
Appellate journey
reviewedGamble Enterprises, Inc. v. National Labor Relations Board (from Sixth Circuit Court of Appeals)
Relationships
Applies 29 U.S.C. § 158 (§ 8 of the National Labor Relations Act)
Relies on Tennessee Coal Iron Co v. Muscoda Local No 123 Sloss-Sheffield Steel & Iron Co · Jewell Ridge Coal Corporation v. Local No. 6167, United Mine Workers of America · National Labor Relations Board v. Newport News Shipbuilding & Dry Dock Co. · National Labor Relations Board v. Gamble Enterprises, Inc. · American Newspaper Publishers Ass'n v. National Labor Relations Board
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * We are not dealing here with offers of mere ‘token’ or nominal services. The proposals before us were appropriately treated by the Board as offers in good faith of substantial performances by competent musicians. There is no reason to think that sham can be substituted for substance under § 8(b) (6) any more than under any other statute. “Payments for ‘standing-by,’ or for the substantial equivalent of ‘standing-by,’ are not payments for services performed, but when an employer receives a bona fide offer of competent performance of relevant services, it remains for the employer, through free and fair negotiation, to determine whether such offer shall be accepted and what compensation shall be paid for the work done.5” 1”
1 later decision quote this exact passage · from the majority““ ‘There is not a word in that [§ 8(b) (6)], Mr. President, about ‘featherbedding.’ It says that it is an unfair practice for a union to force an employer to pay for work which, is not performed. In the colloquy on this floor between the Senator from Florida [Mr. Pepper] and the Senator from Ohio [Mr. Taft], before the bill was passed, it was made abundantly clear that it did not apply to rest periods, it did not apply to speed-ups or safety provisions, or to anything of that nature; it applied only to situations, for instance, where the Musicians’ Federation forces an employer to hire one orchestra and then to pay for another Stand-by orchestra, which does no work at all.’ (Emphasis supplied.) 93 Cong.Rec. 7529.””
1 later decision quote this exact passage · from the dissent“to . . . cause an employer to pay . . . any money . . . for services which are not performed or not to be performed.”
1 later decision quote this exact passage · from the dissent
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.