# Tri State Maintenance Corporation v. National Labor Relations Board

> Court of Appeals for the D.C. Circuit · December 18, 1968 · 408 F.2d 171

URL: https://www.frixlaw.com/law-library/cases/9454352

## Case

- **Full name:** TRI STATE MAINTENANCE CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** December 18, 1968
- **Citations:** 408 F.2d 171; 132 U.S. App. D.C. 368; 69 L.R.R.M. (BNA) 2937; 1968 U.S. App. LEXIS 4451
- **Precedential status:** Published
- **Opinion:** Concurrence by Wright
- **Judges:** Burger, Wright, Tamm
- **Cited by:** 13 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/9454352

## Opinion text

J. SKELLY WRIGHT, Circuit Judge
(concurring in the result).
As I understand the court’s opinion, it dismisses the petition to review the Board’s orders and orders enforcement. I concur in that result and in much of what the court said. I differ with the court only as to its interpretation of the Board’s holding on the retention of the Frugal employees.
The Board’s opinion, as I read it, does not hold that petitioner was required as a matter of law to hire Frugal’s employees en masse. It held simply that “on the basis of the totality of circumstances involved herein” the refusal to hire them as a group pursuant to industry practice was anti-union motivated in violation of Section 8(a) (3) of the Act. 29 U.S.C. § 158 (a) (3) (1964).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9454352. Public record. Not legal advice.