Top Labor Board Lawyer Power Upheld in Appeals Court Ruling (2)

The National Labor Relations Board’s top lawyer had the power to withdraw a complaint against two unions after an employer filed a summary judgment motion in the administrative case, a federal appeals court ruled.

In the US Court of Appeals for the Fifth Circuit’s second ruling on the issue, the court Wednesday affirmed the National Labor Relations Board’s conclusion that then-acting General Counsel Peter Sung Ohr could nix the complaint against two affiliates of the International Brotherhood of Teamsters.

The Fifth Circuit’s ruling clarifies part of the boundary demarcating where the NLRB’s unreviewable prosecutorial discretion over a case ends and ...