Associated General Contractors of America, Inc. v. International Union of Operating Engineers, Local 701’s Empirical Analysis
529 F.2d 1395 · 1976
Citation profile
12 federal appellate · 5 district ·
How this case has been cited
Cited by 30 later decisions — most recently January 2019 · most notably Carpenters' Local Union No. 1478 v. Stevens (1984), International Longshoremen's & Warehousemen's Union v. National Labor Relations Board (1989)
12 federal appellate · 5 district ·
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 Vaca v. Sipes · In re Kauffman Mutual Fund Actions · Garner v. Teamsters, Chauffeurs & Helpers Local Union No. 776 · Carey v. Westinghouse Electric Corp. · National Labor Relations Board v. Radio & Television Broadcast Engineers Union, Local 1212
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If AGC members used only subcontractors signatory to the AGC-Local 701 [CBA] ... they would fulfill their contractual obligations to Local 701 under the [CBA] without at the same time violating the NLRB order.... [T]here is no legal obligation upon an AGC member to contract with a member of Northwest.... It is the making of such a subcontract which breaches the AGC-Local 701 contract. In such a case, because of the NLRB decision, Local 701 cannot force the employment of its members on the job. The Board’s decision does, to that extent, preempt the AGC-Local 701 agreement. But this does not mean that Local 701 cannot get damages for the breach.”
3 later decisions quote this exact passage · from the majority“a judgment in favor of the union which lost before the NLRB could place the employer 'between the devil and the deep blue.'”
3 later decisions quote this exact passage · from the majority“a single employer caught between the conflicting demands of two or more unions,”
2 later decisions 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.