Bandlow v. Rothman

U.S. Court of Appeals for the D.C. Circuit
Bandlow v. Rothman, 278 F.2d 866 (D.C. Cir. 1960)
108 U.S. App. D.C. 32

Bandlow v. Rothman

Opinion of the Court

PER CURIAM.

Appellants asked the District Court to require the General Counsel of the National Labor Relations Board to issue a complaint charging unfair labor practices. They also sought to compel the Board to set aside the General Counsel’s refusal. This appeal is from an order dismissing the complaint on the grounds that the District Court had no jurisdiction of the subject matter and that the complaint failed to state a claim on which relief could be granted. The court was clearly right. It “has no power to order the General Counsel to issue a complaint and no power to require the Board to issue an order in a matter which is not before the Board.” Hourihan v. National Labor Relations Board, 91 U.S.App.D.C. 316, 317, 201 F.2d 187, 188, certiorari denied 345 U.S. 930, 73 S.Ct. 792, 97 L.Ed. 1359.

Affirmed.

Reference

Full Case Name
William F. BANDLOW and Karl Sorenson v. Stuart ROTHMAN, individually and as General Counsel, Chairman and Members, respectively, of and constituting the National Labor Relations Board
Cited By
10 cases
Status
Published