National Labor Relations Board v. Commercial Letter, Inc.’s Empirical Analysis
455 F.2d 109 · 1972
Citation profile
35 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 41 later decisions (1 by the Supreme Court) — most recently May 1996 · most notably National Labor Relations Board v. Savair Manufacturing Co. (1973), Cady v. Morton (1975)
35 federal appellate · 1 district · 3 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.
Relationships
Applies 29 U.S.C. § 141 (§ 1 of the Labor Management Relations Act of 1947 (Taft-Hartley 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) · 29 U.S.C. § 161 (§ 11 of the National Labor Relations Act)
Relies on Universal Camera Corp. v. National Labor Relations Board · Pittsburgh Plate Glass Co. v. National Labor Relations Board · National Labor Relations Board v. Indiana & Michigan Electric Co. · Magnesium Casting Co. v. National Labor Relations Board · Holley v. Lawrence
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Had a hearing been granted in the certification process it would have sufficed as the parties would have had an opportunity to present evidence. However, the decision to deny a hearing, under the procedures followed by the Regional Director, does not represent an administrative adjudication of the issues, but can only be called a determination by the Regional Director to foreclose litigation of the issues at that time. At some point in the administrative process the employer is entitled to have an opportunity to present evidence upon which he relies and to question the evidence upon which the Board relies, and to submit this evidence for consideration by the Board and this court in proceedings to enforce or set aside the Board’s order.”
1 later decision quote this exact passage · from the majority“At some point in the administrative process the employer is entitled to have an opportunity to present the evidence upon which he relies and to question the evidence upon which the Board relies, and to submit this evidence for consideration by the Board and by this court in proceedings to enforce or set aside the Board’s order.”
1 later decision quote this exact passage · from the majority“(d)ue process demands that the right to a hearing on an unfair labor practice, granted by the National Labor Relations Act, not be circumvented by the ex parte investigatory proceedings established in the Board regulations for the certification proceedings.”
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.