R. J. Lallier Trucking v. National Labor Relations Board’s Empirical Analysis
558 F.2d 1322 · 1977
Citation profile
21 federal appellate ·
Relationships
Relies on National Labor Relations Board v. Gissel Packing Co. · National Labor Relations Board v. Melrose Processing Co. · National Labor Relations Board v. Louisiana Manufacturing Co. · National Labor Relations Board v. Superior Sales, Inc. · National Labor Relations Board v. Broyhill Co.
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“an employer is free to communicate to his employees any of his general views about unionism or any of his specific views about a particular union, so long as the communications do not contain a “threat of reprisal or force or promise of benefit.” He may even make a prediction as to the precise effects he believes unionization will have on his company. In such a case, however, the prediction must be carefully phrased on the basis of objective fact to convey an employer’s belief as to demonstrably probable consequences beyond his control or to convey a management decision already arrived at to close the plant in case of unionization. If there is any implication that an employer may or may not take action solely on his own initiative for reasons unrelated to economic necessities and known only to him, the statement is no longer a reasonable prediction based on available facts but a threat of retaliation based on misrepresentation and coercion, and as such without the protection of the First Amendment.”
1 later decision quote this exact passage · from the majority“we are required to keep in mind that it is the function of the Board, and not of this court, to pass upon questions of the credibility of witnesses and the weight to be given to their testimony, and that the Board is free to draw such reasonable inferences as may be warranted by the evidence.”
1 later decision quote this exact passage · from the majority“[t]he expressing of any views, argument, or opinion, or the dissemination thereof shall not constitute or be evidence of an unfair labor practice under any of the provisions of this [Act] if such expression contains no threat of reprisal or force or promise of benefit.”
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.