Opinion

Carmen Hernandez v. National Labor Relations Board

  • 505 F.2d 119
Court
Court of Appeals for the Fifth Circuit
Filed
Feb 13, 1975
Status
Published
On the bench
Bell, Simpson, Morgan
Cited by
9 cases
Authority
More cited than 81.6%

The opinion

PER CURIAM:

Petitioners seek to appeal from the refusal of the General Counsel of the NLRB to issue a complaint on charges filed by petitioners. There had theretofore been an appeal to the General Counsel from the refusal of the Regional Director to issue a complaint on the charges. The Board has moved to dismiss for lack of jurisdiction.

We find no basis for departing from the teaching of the Supreme Court that “ . . . the Board’s General Counsel has unreviewable discretion to refuse to institute an unfair labor practice complaint.” Vaca v. Sipes, 1967, 386 U.S. 171, at 182 , 87 S.Ct. 903, at 913 , 17 L.Ed.2d 842 : See also Shell Chemical Company v. NLRB, 5 Cir., 1974, 495 F.2d 1116, 1119-1121 ; NLRB v. Bar-Brook Mfg. Co., 5 Cir., 1955, 220 F.2d 832, 834 ; Laundry Workers v. NLRB, 5 Cir., 1952, 197 F.2d 701, 703 .

Dismissed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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