Powell’s Empirical Analysis
Citation profile
6 federal appellate · 10 district ·
Relationships
Relies on Consolidated Edison Co of New York v. National Labor Relations Board · Associated General Contractors of California, Inc. v. California State Council of Carpenters · National Labor Relations Board v. Katz · United Mine Workers of America v. M Pennington Local Union No 189 Amalgamated Meat Cutters and Butcher Workmen of North America · National Labor Relations Board v. Mackay Radio & Telegraph 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““First, the labor policy favoring collective bargaining may potentially be given preeminence over the antitrust laws where the restraint on trade primarily affects only the parties to the collective bargaining relationship ... Second, federal labor policy is implicated sufficiently to prevail only where the agreement sought to be exempted concerns a mandatory subject of collective bargaining ... Finally, the policy favoring collective bargaining is furthered to the degree necessary to override the antitrust laws only where the agreement sought to be exempted is the product of bona fide arm’s-length bargaining.””
2 later decisions quote this exact passage · from the majority“as the basis for their often tempestuous relationship, and we believe that there is substantial justification for requiring the parties to continue to fight on it, so that bargaining and the exertion of economic force may be used to bring about legitimate compromise. 41 Id. at 1303; see also, e.g., Williams, 45 F.3d at 688 (holding that antitrust laws do not prohibit employers from bargaining jointly with a union and implementing their joint proposals in the absence of a collective bargaining agreement); Wood, 809 F.2d at 959 (”
2 later decisions quote this exact passage · from the majority“[on] the facts currently presented by this case, we are not compelled to look into the future and pick a termination point for the labor exemption.”
2 later decisions 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.