CARMEN HERNANDEZ ET AL., PETITIONERS,
v.
NATIONAL LABOR RELATIONS BOARD, RESPONDENT
CARMEN HERNANDEZ ET AL., PETITIONERS,
NATIONAL LABOR RELATIONS BOARD, RESPONDENT
505 F.2d 119
Court of Appeals for the Fifth Circuit (1974)
Positive Treatment
Cited by 10 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Associated Builders & Contractors, Inc. v. Irving, 610 F.2d 1221 (4th Cir. 1979)
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Rockford Redi-Mix Co., Inc. v. Zipp, 632 F.2d 30 (7th Cir. 1980)
-
Tensing v. Nat'l Labor Relations Bd., 519 F.2d 365 (6th Cir. 1975)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Vaca v. Sipes, 386 U.S. 171 (U.S. 1967)
- Nat'l Labor Relations Bd. v. Bar-Brook Mfg. Co., Inc., 220 F.2d 832 (5th Cir. 1955)
- Laundry Workers Int'l Union v. Nat'l Labor Relations Bd., 197 F.2d 701 (5th Cir. 1952)
- Shell Chem. Co. v. Nat'l Labor Relations Bd., 495 F.2d 1116 (5th Cir. 1974)