Domnister v. Exclusive Ambulette, Inc.’s Empirical Analysis

Citation profile

2 district · 1 state decisions

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

1. “In Garmon , the Supreme Court held that “[w]hen an activity is arguably subject to [§ ] 7 or [§ ]8 of the [NLRA], the States as well as the federal courts must defer to the exclusive competence of the National Labor Relations Board.” 359 U.S. at 245 , 79 S.Ct. 773 . Garmon preemption presents an issue of law which we review de novo. See Healthcare Ass’n of N.Y. State, Inc. v. Pataki, 471 F.3d 87, 94 (2d Cir.2006). We “begin by identifying whether any specific provision of sections 7 or 8 of the NLRA actually or arguably prohibits or protects the conduct that is the subject of [the action]. Next, we must decide whether the controversy is identical to one that the aggrieved party could bring (or induce its adversary to bring) before the NLRB.” Id. at 96 . Broadly stated, sections 7 and 8 govern “concerted activities” and “unfair labor practices,” respectively. Bldg. Trades Employers’ Educ. Ass’n v. McGowan, 311 F.3d 501, 508 (2d Cir.2002). Section 7 protects workers’ rights to engage in concerted activity, while Section 8 makes it an unfair labor practice for an employer to violate the rights outlined in § 7 as well as “to discharge or otherwise discriminate against an employee because he has filed charges or given testimony” about an unfair labor practice. 29 U.S.C. §§ 157 , 158(a).”

   1 later decision quote this exact passage · from the majority
   e.g. 100 F. Supp. 3d 556 - Frohnapfel v. Arcelormittal Weirton LLC