National Labor Relations Board v. Burnup & Sims, Inc.’s Empirical Analysis
1964
Citation profile
323 federal appellate · 8 district · 18 state decisions
How this case has been cited
Cited by 429 later decisions (8 by the Supreme Court) — most recently August 2017 · most notably Waters v. Churchill (1994), National Labor Relations Board v. Brown (1965)
323 federal appellate · 8 district · 18 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
reviewedNational Labor Relations Board v. Burnup & Sims, Inc. (from Fifth Circuit Court of Appeals)
Relationships
Applies 29 U.S.C. § 158 (§ 8 of the National Labor Relations Act)
Relies on National Labor Relations Board v. Erie Resistor Corp. · International Ladies' Garment Workers' Union v. National Labor Relations Board · Local 357, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers v. National Labor Relations Board · National Labor Relations Board v. Cambria Clay Products Co.
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 429 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In sum, § 8(a)(1) is violated if it is shown that the discharged employee was at the time engaged in a protected activity, that the employer knew it was such, that the basis of the discharge was an alleged act of misconduct in the course of that activity, and that the employee was not, in fact, guilty of that misconduct.”
18 later decisions quote this exact passage · from the majority“(a) It shall be an unfair labor practice for an employer— (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^]”
2 later decisions quote this exact passage · from the concurrence“wholly disassociated from § 7 activities quite different considerations might apply.”
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.