Nelson v. Holmes Freight Lines, Inc.’s Empirical Analysis

Citation profile

6 federal appellate · 5 district ·

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

1. “A breach of the duty of fair representation occurs when the union’s conduct toward the employee is “arbitrary, discriminatory or in bad faith.” (quoting Vaca v. Sipes, 386 U.S. 171, 190 , 87 S.Ct. 903 , 17 L.Ed.2d 842 (1967)). In Arguinaga v. United Food & Commercial Workers Int’l Union, 993 F.2d 1463 (10th Cir.1993), we noted the limited scope of arbitrariness and discrimination as applied to actions by the union: A union’s action are arbitrary only if, “in light of the factual and legal landscape at the time of the union’s actions, the union’s behavior is so far outside a ‘wide range of reasonableness’ as to be irrational.” ... A union’s discriminatory conduct violates its duty of fair representation if it is “invidious.” Id. at 1479 (quoting Air Line Pilots Ass’n. Int’l. v. O’Neill, 499 U.S. 65 , 67 & 81, 111 S.Ct. 1127 , 1128 & 1137, 113 L.Ed.2d 51 (1991)). Acts by the union which are merely negligent do not state a claim for breach of a duty of fair representation. United Steelworkers of America, AFL-CIO-CLC v. Rawson, 495 U.S. 362, 372-73 , 110 S.Ct. 1904 , 109 L.Ed.2d 362 (1990).”

   2 later decisions quote this exact passage
   e.g. 184 F. Supp. 2d 1092 - Hartwick v. District Lodge 70, International Ass'n of MacHinists & Aerospace Workers · 62 F. App'x 891 - Traffas v. Cessna Aircraft Co.