Local 14055, United Steelworkers v. National Labor Relations Board’s Empirical Analysis

Citation profile

1 federal appellate ·

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

1. ““In according to employees . . ., the right to publicize in a peaceful manner their dispute with a primary party by making it known at a secondary site where the primary’s struck product is offered for sale, we think the Court did not consider that the lawfulness of the exercise of the right depended upon differences in the degree of the possible economic impact upon the secondary; an unlawful object was not to be imputed from the possible economic effect of the picketing if it was peaceful and directed only to the struck product. This we think is the situation even though the economic effect were predictably severe if the picketing became very successful. As the dissenting Board members stated in the present case, ‘the appeal did not extend beyond Bay gasoline, the struck product’; therefore, nothing in the Union’s conduct ‘goes beyond the limits approved in Tree Fruits.’ With such an appeal any coercion which might grow out of the fact that sales of Bay gas represented most of the station’s gross revenue is not unlawful under section 8(b)(4), for the object of the appeal is not condemned by that section.””

   1 later decision quote this exact passage · from the majority
   e.g. Bennett v. Local 456, Teamsters & Chauffeurs Union

2. ““The distinction drawn by the majority becomes even more tenuous if a picketed retailer depends largely or entirely on sales of the struck product. If, for example, an independent gas station owner sells gasoline purchased from a struck gasoline company, one would not suppose he would feel less threatened, coerced, or restrained by picket signs which said ‘Do not buy X gasoline’ than by signs which said, ‘Do not patronize this gas station.’ To be sure Safeway is a multiple article seller, but it cannot well be gainsaid that the rule laid down by the Court would be unworkable if its applicability turned on a calculation of the relation between total income of the secondary employer and income from the struck product.””

   1 later decision quote this exact passage · from the majority
   e.g. Bennett v. Local 456, Teamsters & Chauffeurs Union

3. “We think that in light of Tree Fruits we may not hold Congress intended by section 8(b)(4) that the exercise of the arguable First Amendment right should turn for its lawfulness upon a factor exceedingly difficult to subject to line-drawing, and as to which a union exercising the claimed right might have poor information as to where to draw the line.”

   1 later decision quote this exact passage · from the majority
   e.g. Retail Store Employees Union Local Retail Clerks International Association v. National Labor Relations Board