41 F. Supp. 417 - Klein v. Herrick’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 1 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The single issue which we are now called on to decide is whether the certification by the Board is an ‘order’ which, by related provisions of the statute, is made reviewable upon petition to the Court of Appeals for the District or in an appropriate case to a circuit court of appeals. The question is distinct from another much argued at the Bar, whether petitioners are precluded by the provisions of the Wagner Act from maintaining an independent suit in a district court to set aside the Board’s action because contrary to the statute, and because it inflicts on petitioners an actionable injury otherwise irreparable.” Again, at page 412, of 308 U. S., at page 305 of 60 S.Ct., 84 L.Ed. 347, the Court continued: “The Board argues that the provisions of the Wagner Act, particularly § 9 (d), have foreclosed review of its challenged action by independent suit in the district court, such as was allowed under other acts providing for a limited court review in Shields v. Utah Idaho Central R. Co., 305 U.S. 177 , 59 S.Ct. 160 , 83 L.Ed. 111 , and in Utah Fuel Co. v. National Bituminous Coal Comm., 306 U.S. 56 , 59 S.Ct. 409 , 83 L.Ed. 483 ; cf. Myers v. Bethlehem Shipbuilding Corp., 303 U.S. 41 , 58 S.Ct. 459 , 82 L.Ed. 638 . But that question is not presented for decision by the record before us. Its answer involves a determination whether the Wagner Act, in so far as it has given legally enforceable rights, has deprived the district courts of some portion of their original jurisdicti”

   1 later decision quote this exact passage · from the majority
   e.g. Wilson Employees' Representation Plan v. Wilson & Co.

2. ““The defect in defendant’s suggestion is that it assumes that the employer would resist the invitation to negotiate with the rival union, thus necessitating the enforcement machinery of Section 10(b). But suppose the employer acquiesces in the certification of the rival union; then no such proceeding would ensue and, on defendant’s theory, plaintiff would never acquire access to any court. Nor would plaintiff itself be in a position to institute proceedings under Section 10(b), since a refusal to bargain with it, as a minority union, is not an unfair labor practice, Section 9(a). In other words, the remedy which would be available to an employer or to the certified union would in fact not be available to plaintiff union. * * * “Continuing on the assumption that plaintiff is being injured by the action of defendant and is threatened with further injury, it seems clear that the National Labor Relations Act has not provided an internal method of review which would now or hereafter fully afford plaintiff redress of the wrong committed. I do not find in Section 10 an expressed denial of jurisdiction to the district court over a controversy of the character herein described; nor is there any inconsistency between the scheme for review of certain types of action delineated in the Act and the preservation of the court’s general equity jurisdiction over controversies not reached by the Act’s provisions. I, therefore, find that the court has jurisdiction of the subject matter.””

   1 later decision quote this exact passage · from the majority
   e.g. Wilson Employees' Representation Plan v. Wilson & Co.

3. ““* * * The long series of contingent events which may ultimately result in depriving plaintiff union of the benefit of the contract with the employer is too weak a foundation upon which to erect a claim to injunctive relief.””

   1 later decision quote this exact passage · from the majority
   e.g. J. F. Quest Foundry Co. v. International Molders & Foundry Workers Union