Fairmont Foods Co. v. National Labor Relations Board’s Empirical Analysis
471 F.2d 1170 · 1972
Citation profile
39 federal appellate · 1 district · 1 state decisions
Relationships
Applies 29 U.S.C. § 158 (§ 8 of the National Labor Relations Act)
Relies on American Federation of Television & Radio Artists v. National Labor Relations Board · National Labor Relations Board v. Sheridan Creations, Inc. · Morand Bros. Beverage Co. v. National Labor Relations Board · National Labor Relations Board v. John J. Corbett Press, Inc.
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We find it particularly incongruous that the Board refused to uphold the withdrawal of Fairmont from the negotiations while impliedly approving the Union’s negotiation of separate contracts with three of the members of the Association during the impasse. While it is claimed that these contracts were merely interim agreements which were intended to be merged later into the Association agreement, the written agreement with Country House, Inc. was used as the basis for withdrawing the pickets from that employer’s premises * *”
1 later decision quote this exact passage · from the majority“Whether a bargaining impasse exists is a matter of judgment. The bargaining history, the good faith of the parties in negotiations, the length of the negotiations, the importance of the issue or issues as to which there is disagreement, the contemporaneous understanding of the parties as to the state of negotiations are all relevant factors to be considered in deciding whether an impasse in bargaining existed.”
1 later decision quote this exact passage · from the majority“question of fact to which no mechanical definition can be applied.”
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.