Carmen Hernandez v. National Labor Relations Board

Carmen HERNANDEZ Et Al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent

Hernandez v. Nat'l Labor Relations Bd., 505 F.2d 119 (5th Cir. 1975)

Court: Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided: February 13, 1975
Docket: No. 74-2699
Judges: Bell, Simpson, Morgan
Citations: 505 F.2d 119

Opinion — Per Curiam

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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No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

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Relies on it most ⓘ

Associated Builders and Contractors, Inc., Baltimore Metropolitan Chapter v. John R. Irving, General Counsel National Labor Relations Board610 F.2d 1221 (4th Cir. 1979)
Marvin Echols v. National Labor Relations Board525 F.2d 288 (6th Cir. 1975)
Jacqueline Tensing v. National Labor Relations Board519 F.2d 365 (6th Cir. 1975)
State v. Council of NJ State College Locals358 A.2d 823 (N.J. Super. Ct. App. Div. 1976)
Baker v. International Alliance Of Theatrical Stage Employees And Moving Picture Operators Of The United States And Canada691 F.2d 1291 (9th Cir. 1982)
Hernandez v. N. L. R. B509 F.2d 576 (5th Cir. 1975)

Most recent

Baker v. International Alliance Of Theatrical Stage Employees And Moving Picture Operators Of The United States And Canada691 F.2d 1291 (9th Cir. 1982)
Rockford Redi-Mix Co. v. Zipp632 F.2d 30 (7th Cir. 1980)
Associated Builders and Contractors, Inc., Baltimore Metropolitan Chapter v. John R. Irving, General Counsel National Labor Relations Board610 F.2d 1221 (4th Cir. 1979)
State v. Council of NJ State College Locals358 A.2d 823 (N.J. Super. Ct. App. Div. 1976)
Marvin Echols v. National Labor Relations Board525 F.2d 288 (6th Cir. 1975)
Jacqueline Tensing v. National Labor Relations Board519 F.2d 365 (6th Cir. 1975)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

Depth	Case	Cited by
	Vaca v. Sipes, 386 U.S. 171 (1967)	3,947
	Nat'l Labor Relations Bd. v. Bar-Brook Mfg. Co., 220 F.2d 832 (5th Cir. 1955)	22
	Laundry Workers Int'l Union, Local 221 v. Nat'l Labor Relations Bd., 197 F.2d 701 (5th Cir. 1952)	14
	Shell Chem. Co., a Div. of Shell Oil Co. v. Nat'l Labor Relations Bd., 495 F.2d 1116 (5th Cir. 1974)	13

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