Laundry Wkrs. Internat'l U. v. National Labor Rel. Bd.
Decision Date | 06 June 1952 |
Docket Number | No. 14007.,14007. |
Citation | 197 F.2d 701 |
Parties | LAUNDRY WORKERS INTERNATIONAL UNION, LOCAL 221, v. NATIONAL LABOR RELATIONS BOARD. |
Court | U.S. Court of Appeals — Fifth Circuit |
Walter L. Mitchell, Atlanta, Ga., for petitioner.
A. Norman Somers, Asst. Gen. Counsel, Washington, D. C., David P. Findling, Assoc. Gen. Counsel, Washington, D. C., John C. Getreu, Atlanta, Ga., Director, 10th Region, for respondent.
Before HUTCHESON, Chief Judge, and RUSSELL and STRUM, Circuit Judges.
The Regional Director of the Board having denied petitioner's request, made in the course of a preliminary investigation, for the issuance of a subpoena duces tecum, and the General Counsel having sustained the Regional Director's refusal, petitioner has come here seeking what it calls a review of a final order of the Board1 refusing to issue the subpoena.
The Board, insisting that this court is without jurisdiction because the action complained of is not a final order within the meaning of Section 10(f) of the Act as amended, 29 U.S.C.A. § 160(f), has moved to dismiss.
As appears from the face of the petition, petitioner is a labor organization which had filed with the Board's Regional office unfair labor practice charges against an employer, the New E & W Laundry. After the preliminary administrative investigation of these charges — which under Section 10(b) and 3(d) of the Act is an exclusive function of the General Counsel and his agents, and is conducted for the purpose of enabling the General Counsel to determine whether a formal complaint should issue — the Regional Director concluded that the issuance of a formal complaint was unwarranted and dismissed the charges. Thereafter, petitioner, seeking evidence which might alter the Regional Director's determination, requested the Director to issue a subpoena duces tecum directed against the employer. This request was denied by the Regional Director, and his rulings both on the refusal to issue a subpoena and the refusal to issue a complaint, were sustained by the General Counsel.
Section 10(f) of the Act, which fixes the jurisdiction of the court, provides:
"Any person aggrieved by a final order of the Board granting or denying in whole or in part the relief sought may obtain a review of such order in any circuit court of appeals of the United States * * *".
Agreeing with, we adopt as our own, the following from the brief of the Board:
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