Emery Air Freight Corporation v. Local Union 295’s Empirical Analysis
786 F.2d 93 · 1986
Citation profile
11 federal appellate · 4 district · 3 state decisions
How this case has been cited
Cited by 56 later decisions — most recently January 2024 · most notably Johnson v. Department of Public Health (1998), Associated Brick Mason Contractors of Greater New York, Inc. v. Harrington (1987)
11 federal appellate · 4 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 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))
Relies on United Steelworkers v. Warrior & Gulf Navigation Co. · United Steelworkers v. American Manufacturing Co. · John Wiley & Sons, Inc. v. Livingston · Boys Markets, Inc. v. Retail Clerks Union, Local 770 · Smith v. Evening News Assn.
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] court should first examine the scope of the arbitration clause to see if it is the broad one generally in use governing “all disputes” as to the meaning, application or compliance with the collective bargain ing agreement, or is a narrower version which may exclude particular subjects from arbitration. The court must then determine whether the Union has made a claim that “on its face is governed by the contract.” If it has and if the arbitration clause is broad, then the court should order arbitration.”
3 later decisions quote this exact passage“Emery Air Freight "), the court stated from the bench that "no matter how 'frivolous' the union claims appear to be on the merits and so long as it is not so plainly unreasonable that it can be seen in advance that no award to the union could receive judicial sanction it must be referred to an arbitrator.”
3 later decisions quote this exact passage“arbitration by itself imposes no such [irreparable] injury to the resisting party, except perhaps in 'extraordinarily rare' circumstances....”
3 later decisions 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.