Office Employes International Union, Local No. 11 v. National Labor Relations Board’s Empirical Analysis
1957
Citation profile
157 federal appellate · 12 district · 7 state decisions
How this case has been cited
Cited by 231 later decisions (8 by the Supreme Court) — most recently March 2006 · most notably Retail Clerks International Ass'n, Local Unions Nos. 128 & 633 v. Lion Dry Goods, Inc. (1962), Pittston Stevedoring Corporation and the Home Insurance Company v. Anthony Dellaventura, and Director, Office of Workers' Compensation Programs, United States Department of Labor., Northeast Marine Terminal Company, Inc., Employer, and State Insurance Fund, Carrier v. Ralph Caputo, and Director, Office of Workers' Compensation Programs, U.S.D.L., Pittston Stevedoring Corporation v. John Scaffidi and Director, Office of Workers' Compensation Programs, U.S.D.L., International Terminal Operating Company, Inc., Self-Insured Employer v. Carmelo Blundo, and Director, Office of Workers' Compensation Programs, U. S. D. L. (1976)
157 federal appellate · 12 district · 7 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
reviewedOffice Employees International Union v. National Labor Relations Board (from District of Columbia Circuit Court of Appeals)
Relationships
Applies 29 U.S.C. § 152 (§ 2 of the National Labor Relations Act) · 29 U.S.C. § 158 (§ 8 of the National Labor Relations Act) · 29 U.S.C. § 159 (§ 9 of the National Labor Relations Act)
Relies on National Labor Relations Board v. Denver Building & Construction Trades Council · Guss v. Utah Labor Relations Board · Cities Service Gas Producing Company v. Federal Power Commission · Carroll v. United States
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 231 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The term ‘employer’ includes any person acting as an agent of an employer, directly or indirectly, but shall not include the United States or any wholly owned Government corporation, or any Federal Reserve Bank, or any State or political subdivision thereof, or any corporation or association operating a hospital, if no part of the net earnings inures to the benefit of any private shareholder or individual, or any person subject to the Railway Labor Act, as amended from time to time, or any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of such labor organization.””
1 later decision quote this exact passage · from the concurrence“The other nonprofit organizations excluded under the House bill are not specifically excluded in the conference agreement, for only in exceptional circumstances and in connection with purely commercial activities of such organizations have any of the activities of such organizations or of their employees been considered as affecting commerce so as to bring them within the scope of the National Labor Relations Act.”
1 later decision quote this exact passage · from the majority“[The Board] has declined jurisdiction on an ad hoc basis over religious, educational, and eleemosynary employers such as a university library, a symphony orchestra, a research laboratory, and a church radio station,”
1 later decision 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.