(Download) "International Association of Machinists and Aerospace Workers" by Ninth Circuit United States Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: International Association of Machinists and Aerospace Workers
- Author : Ninth Circuit United States Court of Appeals
- Release Date : January 13, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Appellant International Association of Machinists and Aerospace Workers (hereinafter the International) brought an action for declaratory and injunctive relief against appellee, the General Counsel of the National Labor Relations Board (NLRB), seeking review of his decision to withdraw a previously issued complaint and dismiss appellant's unfair labor practice charge. The district court dismissed the action for lack of subject matter jurisdiction. In this appeal, the International challenges the general proposition that the General Counsel's discretionary decisions regarding the investigation of charges, and the issuance and prosecution of complaints is precluded from review under section 3(d) of the Labor Management Relations Act (LMRA), 29 U.S.C. § 153(d) (1976).1 Contrary to the general rule, the International asserts that the General Counsel's decisions are presumptively reviewable. In the alternative, appellant contends that even if the General Counsel's decisions are as a rule unreviewable, this case fits within an exception to the rule because the General Counsel allegedly violated constitutional and statutory mandates. Finally, appellant argues that a distinction has been recognized, for purposes of judicial review, between the issuance of an unfair labor practice complaint and the decision to withdraw a complaint after it has been issued. Appellant urges that the general rule of non-reviewability does not apply to the withdrawal of complaints.
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