National Labor Relations Board v. Babcock & Wilcox Co.’s Empirical Analysis

Citation profile

830 federal appellate · 116 state decisions

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 1,309 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “No restriction may be placed on the employees' right to discuss self-organization among themselves, unless the employer can demonstrate that a restriction is necessary to maintain production or discipline.”

   80 later decisions quote this exact passage · from the majority
   e.g. Sears, Roebuck & Co. v. San Diego County District Council of Carpenters · Eastex, Inc. v. National Labor Relations Board

2. “Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities . . . .”

   11 later decisions quote this exact passage · from the majority
   e.g. Sears, Roebuck & Co. v. San Diego County District Council of Carpenters · Eastex, Inc. v. National Labor Relations Board

3. “(1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 157 of this title; (3) 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 subchap-ter, or in any other statute of the United States, shall preclude an employer from making an agreement with a labor organization (not established, maintained, or assisted by any action defined in this subsection 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 159(a) of this title, in the appropriate collective-bargaining unit covered by such agreement when made, and (ii) unless following an election held as provided in section 159(e) of this title 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 suc”

   9 later decisions quote this exact passage · from the majority
   e.g. Lechmere, Inc. v. National Labor Relations Board · North Memorial Health Care v. National Labor Relations Board