U.S. Court of Appeals for the Fourth Circuit, 2011

Petway v. National Labor Relations Board

Petway v. National Labor Relations Board
U.S. Court of Appeals for the Fourth Circuit · Decided August 30, 2011 · King, Keenan, Wynn
444 F. App'x 685

Petway v. National Labor Relations Board

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Michael Petway petitions this court to review the refusal of the General Counsel of the National Labor Relations Board (“NLRB”) to issue a complaint against Petway’s former employer, Doyle Printing and Offset Company, Inc. Pursuant to the National Labor Relations Act, the General Counsel “ha[s] final authority, on behalf of the [NLRB], in respect of the investigation of charges and issuance of complaints.” 29 U.S.C. § 153(d) (2006). “[T]he [NLRB]’s General Counsel has unreviewable discretion to refuse to institute an unfair labor practice complaint.” Vaca v. Sipes, 386 U.S. 171, 182, 87 S.Ct. 903, 17 L.Ed.2d 842 (1967); see Wellington Mill Div., W. Point Mfg. Co. v. NLRB, 330 F.2d 579, 590 (4th Cir. 1964) (stating that General Counsel’s “refusal to [issue a complaint] is final and unappealable”). Therefore, we lack jurisdiction over Petway’s appeal.

Accordingly, we dismiss the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.

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