Mitchell’s Empirical Analysis

Citation profile

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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “behind federal labor statutes, which require the interests of particular individuals be subordinated to the interest of the group at the contract-negotiation state and beyond.”

   2 later decisions quote this exact passage · from the majority
   e.g. 598 F. App'x 223 - Gavin Mackenzie v. Air Line Pilots Assoc In · Krakowski v. Am. Airlines, Inc. (In re Amr Corp.)

2. “[i]f an employee could compel arbitration of a grievance without his union's blessings, a CBA's contractual conflict-resolution procedures would be substantially undermined, thus destroying the employer's confidence in the union's authority and returning the individual grievant to the vagaries of independent and unsystematic negotiation. The same can be said of an employee's ability to seek judicial review of an arbitral award, after being abandoned by his union.”

   1 later decision quote this exact passage · from the majority
   e.g. Krakowski v. Am. Airlines, Inc. (In re Amr Corp.)

3. “{W]hen a CBA formed pursuant to the RLA establishes a mandatory, binding grievance procedure and vests the union with the exclusive right to pursue claims on behalf of aggrieved employees, an aggrieved employee whose employment is governed by the CBA lacks standing to attack the results of the grievance process in court-the sole exception being the authorization of an aggrieved employee to bring an unfair representation claim.”

   1 later decision quote this exact passage · from the majority
   e.g. 598 F. App'x 223 - Gavin Mackenzie v. Air Line Pilots Assoc In