Miera v. National Labor Relations Board’s Empirical Analysis
982 F.2d 441 · 1992
Citation profile
7 federal appellate · 1 state decisions
Appellate journey
Relationships
Applies 29 U.S.C. § 160 (§ 10 of the National Labor Relations Act)
Relies on Consolidated Edison Co of New York v. National Labor Relations Board · National Labor Relations Board v. Transportation Management Corp. · Lockheed Shipbuilding Co. v. Director, Office of Workers' Compensation Programs · Saye Et Al. v. Williams · Facet Enterprises, Inc. v. National Labor Relations Board
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“did not rise to the level of misconduct requiring that reinstatement should be denied”
2 later decisions quote this exact passage · from the majority“that Manso's third discharge was not for cause, ibid. The court regarded as important the testimony in the record confirming that Manso would not have been discharged under ABF's new tardiness policy had he provided a legitimate excuse. Ibid. The court also rejected ABF's argument that awarding reinstatement and backpay to an employee who lied to his employer and to the ALJ violated public policy. 7 Noting that”
1 later decision quote this exact passage · from the majority“dockworkers. 1 The grievance Manso's union filed eventually secured his reinstatement; Manso also filed an unfair labor practice charge against ABF over the incident. 3 Manso's return to work was short lived. Three supervisors warned him of likely retaliation from top management— alerting him, for example, that ABF was”
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.