National Labor Relations Board v. Southern Foods, Inc.’s Empirical Analysis
434 F.2d 717 · 1970
Citation profile
29 federal appellate ·
Relationships
Applies 29 U.S.C. § 158 (§ 8 of the National Labor Relations Act)
Relies on National Labor Relations Board v. Golden Age Beverage Co. · National Labor Relations Board v. Houston Chronicle Publishing Co. · Home Town Foods, Inc. v. National Labor Relations Board · Pepperell Manufacturing Co. v. National Labor Relations Board
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, there was a material misrepresentation. Purportedly authoritative and truthful assertions concerning wages and pensions of the types made in this case are 'not mere prattle'-or puffery; 'they are the stuff of life for Unions and members, the selfsame subjects concerning which men organize and elect their representatives to bargain.' [Citations omitted]. Moreover, as noted previously, the disparity between the Union's claims and accepted facts conclusively establishes a misrepresentation. [Citations omitted]. Second, Union representatives were certainly in an authoritative position to know the status of their negotiations with Armour. Third, the Company had no opportunity to reply and to correct the misrepresentations since employees did not receive the Union's letter until the day before the election. Finally, employees who received the letter ostensibly had no independent knowledge of negotiations at the Armour plant; thus, they could not effectively evaluate the Union propaganda.”
1 later decision quote this exact passage · from the majority““Whether the employees had independent knowledge of the misrepresented fact so that they could effectively evaluate the propaganda.” S. H. Kress & Company v. NLRB, 5 Cir., 1970, 430 F.2d 1234 .”
1 later decision quote this exact passage · from the majority“'not mere prattle'-or puffery; 'they are the stuff of life for Unions and members, the selfsame subjects concerning which men organize and elect their representatives to bargain.”
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.