Brotherhood of Railway, Airline & Steamship Clerks, Freight Handlers, Express & Station Employees v. Atchison’s Empirical Analysis
847 F.2d 403 · 1988
Citation profile
15 federal appellate ·
How this case has been cited
Cited by 22 later decisions — most recently November 2017
15 federal appellate ·
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 45 U.S.C. § 152 (Railway Labor Act)
Relies on Elgin Ry Co v. Burley · Virginian Ry Co v. System Federation No 40 · Switchmen's Union of North America v. National Mediation Board · Texas Co v. Brotherhood of Railway and Steamship Clerks · Detroit and Toledo Shore Line Railroad Company v. United Transportation Union
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The first [major disputes] relates to disputes over the formation of collective agreements or efforts to secure them. They arise where there is no such agreement or where it is sought to change the terms of one, and therefore the issue is not whether an existing agreement controls the controversy. They look to the acquisition of rights for the future, not to he assertion of rights claimed to have vested in the past. The second class [minor disputes], however, contemplates the existence of a collective agreement already concluded or, at any rate, a situation in which no effort is made to bring about a formal change in terms or to create a new one. The dispute relates either to the meaning or proper application of a particular provision with reference to a specific situation or to an omitted case. In the latter event the claim is founded upon some incident of the employment relation, or asserted one, independent of those covered by the collective agreement____ In either case the claim is to rights accrued, not merely to have new ones created for the future.”
1 later decision quote this exact passage · from the majority“First, federal courts may entertain suits involving major disputes. Major disputes are those that involve formation, rather than interpretation, of collective bargaining agreements. Second, federal courts may exercise jurisdiction over some disputes which involve violations of specific provisions of the RLA.”
1 later decision quote this exact passage · from the majority“contradict the express provisions of a written contract.”
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.