Boston University Chapter, American Ass'n of University Professors v. National Labor Relations Board’s Empirical Analysis
835 F.2d 399 · 1987
Citation profile
9 federal appellate · 2 state decisions
Relationships
Applies 29 U.S.C. § 151 (§ 1 of the National Labor Relations Act) · 29 U.S.C. § 152 (§ 2 of the National Labor Relations Act) · 29 U.S.C. § 160 (§ 10 of the National Labor Relations Act) · 29 U.S.C. § 164 (§ 14 of the National Labor Relations Act)
Relies on Universal Camera Corp. v. National Labor Relations Board · National Labor Relations Board v. Bell Aerospace Co. · National Labor Relations Board v. Hearst Publications, Inc. · National Labor Relations Board v. Yeshiva University · Maryland Et Al. v. Louisiana
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“On October 18, 1974, the Union filed a petition for representation with the Board, seeking certification as the collective bargaining agent for a unit composed of all regular full-time faculty members at the University except for those in the Schools of Law, Dentistry and Medicine. The University objected to the appropriateness of the unit, alleging that the full-time faculty were excluded from coverage of the Act by virtue of either their supervisory or managerial status. Notwithstanding said objections, the Board ordered and held an election in which a majority of those employees presumably eligible voted in favor of being represented by the Union. ... [T]he Union was certified by the Board as the bargaining representative of the unit sought. The Union’s bargaining request was rejected by the University, leading to the filing of [unfair labor practice charges]. The [Board] ... ordered [the University] to bargain with the Union.... [T]his court ... affirmed the Board.”
1 later decision quote this exact passage · from the majority“On July 11, 1978, the University petitioned the Supreme Court for a writ of certiorari. On February 20, 1980, while [the] petition was still pending, the Supreme Court decided N.L.R.B. v. Yeshiva University, 444 U.S. 672 [ 100 S.Ct. 856 , 63 L.Ed.2d 115 ] (1980), ... which in substance holds that under given factual circumstances university faculty members shall be considered managerial employees excluded from coverage by the Act. On March 3, 1980 the University’s petition was granted and the judgment of this court recalled and remanded for further consideration in light of the ruling in Yeshiva. Trustees of Boston University v. N.L.R.B., 445 U.S. 912 [ 100 S.Ct. 1271 , 63 L.Ed.2d 597 ] (1980).”
1 later decision quote this exact passage · from the majority“'formulate and effectuate management policies by expressing and making operative the decisions of their employer.'”
1 later decision quote this exact passage · from the majority
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.