Davis v. United Automobile, Aerospace & Agriculture Implement Workers of America’s Empirical Analysis
765 F.2d 1510 · 1985
Citation profile
21 federal appellate · 2 district ·
Relationships
Applies 29 U.S.C. § 160 (§ 10 of the National Labor Relations Act) · 29 U.S.C. § 185 (§ 301 of the Labor Management Relations Act of 1947 (Taft-Hartley Act)) · 29 U.S.C. § 401 · 29 U.S.C. § 411 · 29 U.S.C. § 412 · 29 U.S.C. § 414
Relies on DelCostello v. International Brotherhood of Teamsters · Johnson v. Railway Express Agency, Inc. · Chevron Oil Co. v. Huson · International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. Hoosier Cardinal Corp. · United Parcel Service, Inc. v. Mitchell
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Nevertheless, we feel constrained by the analysis employed in DelCostello to apply the same limitations period to the present lawsuit. In DelCostello, the Supreme Court found a strong connection between the national interests in labor peace and the necessity of a short time period in which to bring an action based on a labor union’s duty of fair representation to its members. We believe we are bound to find a similar connection between labor peace and an action based on a union’s alleged mistreatment of its members by the denial of statutorily protected rights. We accordingly hold that the six-month limitations period of 29 U.S.C. § 160 (b) [§ 10(b) of the NLRA] applies to LMRDA actions brought under 29 U.S.C. § 412 alleging union violations of 29 U.S.C. § 411 .”
3 later decisions quote this exact passage · from the concurrence“A cause of action under section 411 accrues when the plaintiff union member discovers, or in the exercise of reasonable diligence should have discovered, the act constituting the alleged violations, at which time the statute of limitations begins to run. However, section 411(a)(4) provides that a union member may be required to exhaust reasonable internal union procedures for up to four months before proceeding with a suit under section 412. Thus, union members might be forced into a “Catch-22” situation in which they could be barred from suing the union if they wait to sue for more than six months while exhausting union remedies, but could be dismissed from federal court for failure to exhaust internal remedies if they file suit within the limitations period without seeking to exhaust.”
2 later decisions quote this exact passage · from the concurrence“a union member's interest in protection against the infringement of his rights of free speech[, which] rises to a national interest, as embodied in section 101(a)(2) of the LMRDA, . . . and thus seems of greater importance than an employee's interest in setting aside an individual settlement under a collective bargaining agreement.”
2 later decisions quote this exact passage · from the concurrence
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.