# Carmen Hernandez v. National Labor Relations Board

> Court of Appeals for the Fifth Circuit · February 13, 1975 · 505 F.2d 119

URL: https://www.frixlaw.com/law-library/cases/322514

## Case

- **Full name:** Carmen HERNANDEZ Et Al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** February 13, 1975
- **Citations:** 505 F.2d 119
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Bell, Simpson, Morgan
- **Cited by:** 9 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/322514

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/322514. Public record. Not legal advice.