Jacqueline Tensing v. National Labor Relations Board

Petitioners seek review of the refusal of the NLRB’s General Counsel to issue a complaint on charges filed before the Board. The Board has moved to dismiss for lack of jurisdiction.

We have held previously that district courts may not review the refusal of the Board’s General Counsel to investigate or to file a complaint concerning unfair labor practice charges, Mayer v. Ordman, 391 F.2d 889 (6th Cir.), cert. denied, 393 U.S. 925, 89 S.Ct. 257, 21 L.Ed.2d 261 (1968), adhering to the teaching of Vaca v. Sipes, 386 U.S. 171, 182, 87 S.Ct. 903, 913, 17 L.Ed.2d 842 (1967), that “the Board’s…