Beriault v. Local 40, Super Cargoes & Checkers of the International Longshoremen's & Warehousemen's Union’s Empirical Analysis
501 F.2d 258 · 1974
Citation profile
65 federal appellate · 11 district · 4 state decisions
How this case has been cited
Cited by 100 later decisions (1 by the Supreme Court) — most recently December 2015 · most notably Breininger v. Sheet Metal Workers International Ass'n Local Union No. 6 (1989), White v. Anchor Motor Freight, Inc. (1990)
65 federal appellate · 11 district · 4 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
Relies on Conley v. Gibson · Vaca v. Sipes · San Diego Building Trades Council v. Garmon · Steele v. Louisville & Nashville Railroad · Republic Steel Corp. v. Maddox
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 100 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(U)nion conduct breaches the duty of fair representation when it is 'arbitrary, discriminatory, or in bad faith.' (Vaca, 386 U.S. at 190, 87 S.Ct. at 916). (Emphasis added).”
2 later decisions quote this exact passage · from the majority““that an action seeking damages for injury inflicted by a breach of a union’s duty of fair representation was judicially cognizable in any event, that is, even if the conduct complained of was arguably protected or prohibited by the National Labor Relations Act and whether or not the lawsuit was bottomed on a collective agreement.””
1 later decision quote this exact passage · from the majoritye.g. Kolinske v. Lubbers“(t)he failure to exhaust grievance procedures is of no consequence as to these claims because plaintiffs seek modification of the contract, a remedy not available through the grievance procedure.”
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.