Southeastern Pennsylvania Transportation Authority v. Brotherhood of Railroad Signalmen’s Empirical Analysis
882 F.2d 778 · 1989
Citation profile
21 federal appellate · 1 district ·
How this case has been cited
Cited by 31 later decisions — most recently June 2014 · most notably Kelly Merk v. Jewel Food Stores Division Of Jewel Companies, Incorporated (1991), General Committee of Adjustment, United Transportation Union, Western Maryland Railway Co. v. CSX Railroad (1990)
21 federal appellate · 1 district ·
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. § 1292 · 28 U.S.C. § 1331 · 29 U.S.C. § 104 (Norris-LaGuardia Act) · 29 U.S.C. § 151 (§ 1 of the National Labor Relations Act) · 45 U.S.C. § 151 (Railway Labor Act) · 45 U.S.C. § 152 (Railway Labor Act) · 45 U.S.C. § 153 (Railway Labor Act)
Relies on Allis-Chalmers Corp. v. Lueck · Elgin Ry Co v. Burley · Brotherhood of Railroad Trainmen v. Chicago River & Indiana Railroad · Consolidated Rail Corporation v. Railway Labor Executives' Assn. · Brotherhood of Railroad Trainmen v. Jacksonville Terminal Co.
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“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, e.g., claims on account of personal injuries. In either case the claim is to rights accrued, not merely to have new ones created for the future.”
3 later decisions quote this exact passage · from the dissent“A [CBA] is not an ordinary contract for the purchase of goods and services, nor is it governed by the same old common-law concepts which control such private contracts. It is a generalized code to govern a myriad of cases which the draftsman cannot wholly anticipate. The collective agreement covers the whole employment relationship. It calls into being a new common law—the common law of a particular industry.”
3 later decisions quote this exact passage · from the dissent“allow a party to utilize the minor dispute resolution procedures by simply pleading that the dispute is resolvable by reference to an existing collective bargaining agreement”
2 later decisions quote this exact passage · from the dissent
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.