Falls Stamping and Welding Co. v. International Union, United Automobile Workers, Aerospace & Agricultural Implement Workers of America, Region II’s Empirical Analysis
744 F.2d 521 · 1984
Citation profile
9 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 26 later decisions — most recently October 2014 · most notably Reid v. White Motor Corp. (1989), Barkley v. Carter County State Bank (1990)
9 federal appellate · 1 district · 3 state decisions
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 28 U.S.C. § 1291 · 29 U.S.C. § 106 (Norris-LaGuardia Act)
Relies on San Diego Building Trades Council v. Garmon · National Labor Relations Board v. Denver Building & Construction Trades Council · Bankers Trust Co. v. Mallis · Linn v. United Plant Guard Workers of America, Local 114 · Farmer v. United Brotherhood of Carpenters & Joiners of America, Local 25
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Federal labor law clearly permits employees to inflict economic harm on an employer for purposes of collective bargaining. Methods such as striking and picketing, protected by the Norris-LaGuardia Act and the National Labor Relations Act, are intended to cause monetary losses so that compromise or concession becomes a more desirable alternative. [Citations.] The question of whether strikes and bargaining tactics interfere unlawfully with an employer’s business is to be determined by the NLRB. In this case, the alleged tort was not peripheral to a labor dispute but at the heart of it. The NLRB would focus on both the activity (strikes, picketing, threats) and the object (whether to gain advantage in bargaining or purely to harm the company). [Citations.] If a state court were to rule that the Union’s conduct was tortious, it could clash head-on with decisions of the NLRB.” 744 F.2d at 524-25 .”
2 later decisions quote this exact passage · from the majority“in determining the appropriateness of waiver, the Court in [ Bankers Trust ] emphasized a common-sense application of Rule 58 rather than a technical application as long as no parties have been misled”
1 later decision quote this exact passage · from the dissente.g. White v. Fair“[w]hat can be extracted from [ Bankers Trust ] and applied here is the general principle that the requirements of Rule 58 may be waived under certain circumstances”
1 later decision quote this exact passage · from the dissente.g. White v. Fair
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.