Ackley v. Local Union International Brotherhood of Teamsters Chauffeurs Warehousemen and Helpers of America Hr’s Empirical Analysis
910 F.2d 1295 · 1990
Citation profile
3 federal appellate ·
Relationships
Applies 28 U.S.C. § 1337
Relies on Steele v. Louisville & Nashville Railroad · Ford Motor Co v. Huffman International Union United Automobile Aircraft and Agricultural Implementworkers of America Ci · Curtis v. Loether · Ross v. Bernhard · Humphrey v. Moore
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Ackley I "). Judge Nelson dissented on the grounds that there was nothing irrational or hostile about the local's action, and that the company and the union, faced with a shrinking market, had made a difficult decision. 7 Under such circumstances, he reasoned that the fact that some employees received full seniority while others were endtailed was not a breach of the union's duty to represent the workers fairly: 30 This is not a case where the union was motivated to discriminate against one faction on racial grounds ... [or] because that group had resisted unionization.... [Nor is it] a case where a motive to discriminate unfairly and in bad faith could be inferred from the fact that the union's position was "unsupported by any rational argument whatsoever.”
1 later decision quote this exact passage · from the dissent“Because there were not enough jobs to go around ... some employees who wanted to work there and who felt they had legitimate claims on jobs at the facility were inevitably going to lose out. It was up to the union and the company to decide, through the collective bargaining process, who the individual winners and losers would be in this zero-sum game.”
1 later decision 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.