Kuhn v. National Ass'n of Letter Carriers, Branch 5’s Empirical Analysis
528 F.2d 767 · 1976
Citation profile
28 federal appellate · 6 district · 4 state decisions
How this case has been cited
Cited by 55 later decisions — most recently July 2006 · most notably Bishop v. Tice (1980), Koke v. Stifel, Nicolaus & Co., Inc. (1980)
28 federal appellate · 6 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 United Mine Workers of America v. Gibbs · Vaca v. Sipes · Rosado v. Wyman · Steele v. Louisville & Nashville Railroad · Moor v. County of Alameda
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“exclusive representation is a necessary prerequisite to a statutory duty to represent fairly.”
4 later decisions quote this exact passage · from the majority“It is now well established that, as the exclusive bargaining representative of the employees in (an employer’s) bargaining unit, the Union had a statutory duty fairly to represent all of those employees, both in its collective bargaining with Swift and in its enforcement of the resulting collective bargaining agreement. The statutory duty of fair representation was developed over 20 years ago in a series of cases involving alleged racial discrimination by unions certified as exclusive bargaining representatives under the Railway Labor Act and was soon extended to unions certified under the N.L.R.A. Under this doctrine, the exclusive agent’s statutory authority to represent all members of a designated unit includes a statutory obligation to serve the interests of all members without hostility or discrimination toward any, to exercise its discretion with complete good faith and honesty, and to avoid arbitrary conduct.”
1 later decision quote this exact passage · from the majority“[T]he record shows conclusively that the National Association was under no duty, either statutory or contractual, to Kuhn. It played no part whatsoever in advising or consulting with Kuhn with respect to the grievance and was in no way responsible for the failure, if any, of Branch 5 to properly present Kuhn’s case at the informal appearance before the postal authorities or in failing to file a notice of appeal within the appropriate time limits.”
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.