6 N.J. Super. 530 - Duris v. Iozzi’s Empirical Analysis
1949
Citation profile
21
cited by 21 later decisions
7
states following
June 1968
most recently cited
3 federal appellate · 14 state decisions
Relationships
Relies on International Union, C., C.I.O. v. Becherer · 4 N.J. Super. 456 - International Union, Etc., C.I.O. v. Becherer · Schweitzer v. Schneider
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““* * * When membership is sought by a labor union on the basis of an existing affiliation between itself and either of these two central organizations, that basis becomes and endures as a continuing condition of the membership it attracts. This condition need not be explicitly expressed; it is implicit in the circumstances under which members are sought and their association induced. To hold that members, so invited and enrolled, cannot emancipate themselves when the basic and inducing affiliation is destroyed, is not alone to do violence to a fundamental and controlling condition of membership but to impose a form of serfdom degrading to the individual and harmful to the public. Such evil result must be avoided and there is nothing in the law of contracts that bars the way. Where the continued existence of a state of facts (here an affiliation) is an implied condition going to the essence of the contract, the destruction of that state of facts puts an end to the contract itself. The obligation is no stronger or more enduring than the foundation upon which it rests and will not survive the latter’s collapse.””
2 later decisions quote this exact passage“Membership application cards were distributed to the employees of the company prior to the aforesaid election. The union in which the employees accepted membership, according to the designation that appeared on said card was `United Electrical, Radio and Machine Workers of America affiliated with the Congress of Industrial Organizations.' Appeals for membership in the union then seeking to represent the employees were based upon its affiliation with CIO, and membership application cards distributed read `CIO cards.'”
1 later decision quote this exact passage“* * * The flag of the local union received in evidence bears the letters `CIO.' All the stationery, insignia and other printed matter refer to Local 441 as being affiliated with UE-CIO.”
1 later decision quote this exact passage
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.