National Labor Relations Board v. Local International Brotherhood of Teamsters Chauffeurs Warehousemen and Helpers of America’s Empirical Analysis
740 F.2d 141 · 1984
Citation profile
26 federal appellate · 8 district ·
How this case has been cited
Cited by 70 later decisions — most recently March 2017 · most notably Cruz v. Local Union Number of International Brotherhood of Electrical Workers (1994), Barr v. United Parcel Service, Inc. (1989)
26 federal appellate · 8 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
Applies 29 U.S.C. § 157 (§ 7 of the National Labor Relations Act) · 29 U.S.C. § 158 (§ 8 of the National Labor Relations Act) · 29 U.S.C. § 159 (§ 9 of the National Labor Relations Act) · 29 U.S.C. § 160 (§ 10 of the National Labor Relations Act)
Relies on Universal Camera Corp. v. National Labor Relations Board · Vaca v. Sipes · San Diego Building Trades Council v. Garmon · Steele v. Louisville & Nashville Railroad · Local Union No. 12 v. National Labor Relations Board
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“arbitrary conduct amounting to a breach is not limited to intentional conduct by union officials but may include acts of omission which, while not calculated to harm union members, “may be so egregious, so far short of minimum standards of fairness to the employee and so unrelated to legitimate union interests as to be arbitrary.””
6 later decisions quote this exact passage · from the dissent“(2)(a) Request the arbitrator who heard the arbitration at issue herein to reopen the proceeding to provide for notice of the terms of the award to affected employees and a retroactive grace period for those employees who have been dropped from Transit-Mix Concrete Corp.’s seniority list. # # * * * # (c) Make whole those employees who lost work due to its unlawful conduct____”
2 later decisions quote this exact passage · from the majoritye.g. 643 F. Supp. 1002 - Transit-mix Concrete Corp. v. Local Union No. 282, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America · Transit Mix Concrete Corporation v. Local Union No International Brotherhood of Teamsters Chauffeurs Warehousemen and Helpers of America“[a]n employee who does not shape, call or contact the Company for work for a period of one year, shall be deemed to have abandoned his position with the Company and shall no longer be considered an employee of the Company.”
2 later decisions quote this exact passage · from the majoritye.g. 643 F. Supp. 1002 - Transit-mix Concrete Corp. v. Local Union No. 282, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America · Transit Mix Concrete Corporation v. Local Union No International Brotherhood of Teamsters Chauffeurs Warehousemen and Helpers of America
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.