Legal Opinion
Carmen Hernandez v. National Labor Relations Board
Court of Appeals for the Fifth Circuit
Decided February 13, 1975No. 74-2699PublishedCited by 9 opinions
1Per 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…
2Cases cited4 opinions
- Vaca v. SipesSupreme Court of the United States · 1967
- National Labor Relations Board v. Bar-Brook Manufacturing Company, Inc.Court of Appeals for the Fifth Circuit · 1955
- Laundry Workers International Union, Local 221 v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1952
- Shell Chemical Company, a Division of Shell Oil Company v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1974
3Cited by9 opinions
- Associated Builders and Contractors, Inc., Baltimore Metropolitan Chapter v. John R. Irving, General Counsel National Labor Relations BoardCourt of Appeals for the Fourth Circuit · 1979
- Marvin Echols v. National Labor Relations BoardCourt of Appeals for the Sixth Circuit · 1975
- Jacqueline Tensing v. National Labor Relations BoardCourt of Appeals for the Sixth Circuit · 1975
- Rockford Redi-Mix Co. v. ZippCourt of Appeals for the Seventh Circuit · 1980
- State v. Council of NJ State College LocalsNew Jersey Superior Court Appellate Division · 1976
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