U.S. Court of Appeals for the Fifth Circuit, 1975

Carmen Hernandez v. National Labor Relations Board

U.S. Court of Appeals for the Fifth Circuit · Decided February 13, 1975 · Bell, Simpson, Morgan

505 F.2d 119 (Federal Reporter, Second Series)

Counsel

Terrence W. McDonald, San Antonio, Tex., for petitioners., Elliott Moore, Deputy Associate Gen. Counsel, Abigail Cooley, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., Louis V. Baldovin, Jr., Director, Region 23, Houston, Tex., Peter Nash, Gen. Counsel, N.L.R.B., Washington, D. C., for respondent.

Cases that cite this one

9 later published cases cite this decision.

Baker v. International Alliance Of Theatrical Stage Employees And Moving Picture Operators Of The United States And Canada (9th Cir. 1982)
Baker v. International Alliance of Theatrical Stage Employees & Moving Picture Operators (9th Cir. 1982)
Rockford Redi-Mix Co., Inc. v. Glen Zipp (7th Cir. 1980)
Rockford Redi-Mix Co. v. Zipp (7th Cir. 1980)
Associated Builders and Contractors, Inc., Baltimore Metropolitan Chapter v. John R. Irving, General Counsel National Labor Relations Board (4th Cir. 1979)
State v. Council of NJ State College Locals (N.J. Super. Ct. App. Div. 1976)
Hernandez v. N. L. R. B (5th Cir. 1975)
Jacqueline Tensing v. National Labor Relations Board (6th Cir. 1975)
Marvin Echols v. National Labor Relations Board (6th Cir. 1975)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.