U.S. Court of Appeals for the Federal Circuit, 2025

Feleke v. NLRB

Feleke v. NLRB
U.S. Court of Appeals for the Federal Circuit · Decided March 18, 2025

Feleke v. NLRB

Opinion

Case: 25-1340 Document: 9 Page: 1 Filed: 03/18/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ LAKEW FELEKE, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent ______________________ 2025-1340 ______________________ Appeal from the National Labor Relations Board in No. 27-CA-348313. ______________________ ON MOTION ______________________ Before DYK, PROST, and CHEN, Circuit Judges.

PER CURIAM.

ORDER Lakew Feleke appeals a decision of the National Labor Relations Board (NLRB) Office of General Counsel (OGC) declining to bring an unfair labor practice complaint. ECF No. 1-2 at 2; ECF No. 8-1. In response to the court’s show cause order, the NLRB urges dismissal of this appeal. Mr. Feleke has not responded to the show cause order.

Case: 25-1340 Document: 9 Page: 2 Filed: 03/18/2025

2 FELEKE v. NLRB

This court’s limited jurisdiction does not include review of decisions of the NLRB or its OGC. See 28 U.S.C. § 1295.

While we may transfer under 28 U.S.C. § 1631 to another court where the appeal could have been brought if it is in the interest of justice, we see no basis to do so here. The regional circuits have jurisdiction over an appeal from a “fi- nal order” of the Board, see 29 U.S.C. § 160(f), but generally “the General Counsel’s approval of a determination not to file an unfair labor practice complaint is not subject to ju- dicial review,” NLRB v. United Food & Comm. Workers Un- ion, Local 23, AFL-CIO, 484 U.S. 112, 122–23 (1987) (citations omitted). Given that general bar on review and Mr. Feleke’s failure to point to any exception that would allow review in a transferee court, we dismiss.

Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed. (2) All pending motions are denied as moot. (3) Each side shall bear its own costs.

FOR THE COURT

March 18, 2025 Date

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