# Traction Wholesale Center Co. v. National Labor Relations Board

> Court of Appeals for the D.C. Circuit · June 30, 2000 · 216 F.3d 92

URL: https://www.frixlaw.com/law-library/cases/6985813

## Case

- **Full name:** TRACTION WHOLESALE CENTER CO., INC. v. NATIONAL LABOR RELATIONS BOARD
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** June 30, 2000
- **Citations:** 216 F.3d 92; 342 U.S. App. D.C. 201; 54 Fed. R. Serv. 328; 164 L.R.R.M. (BNA) 2769; 2000 U.S. App. LEXIS 15365
- **Precedential status:** Published
- **Opinion:** Concurrence by Randolph
- **Judges:** Garland, Randolph, Tatel
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6985813

## How later opinions describe it (automated extraction)

- finding unlawful motive where employer discharged employee on same day that union asked for recognition

## Opinion text

RANDOLPH, Circuit Judge,
concurring:
The Board thinks it an unfair labor practice for an employer, during an election campaign, to ask employees what they find wrong at the workplace. The Board’s theory is that in making the solicitation, the employer implies that something will be done to correct whatever problems are identified, which in turn implies that the employees do not need a union. See Reliance Elec. Co., 191 N.L.R.B. 44 , 46, 1971 WL 31749 (1971), enforced, 457 F.2d 503 (6th Cir.1972). I have my doubts about this theory, but as the court points out, the company did not challenge it in this case. See op. at 102-03. The company’s argument was that the evidence did not make out a violation, an argument the court’s opinion rightly rejects. See id. at 103.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6985813. Public record. Not legal advice.