Int'l Broth. of Boilermakers, L. 6 v. National Labor Relations Board

872 F.2d 331 131 L.R.R.M. (BNA) 2122 , 57 USLW 2659 , 111 Lab.Cas. P 11,081 INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILDERS, BLACKSMITHS, FORGERS AND HELPERS, OF AMERICA, AFL-CIO, BOILERMAKERS UNION LOCAL 6, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. No. 87-7494. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 14, 1988. Decided April 14, 1989. David A. Rosenfeld, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal., for petitioner. Corrina Metcalf, N.L.R.B., Washington, D.C., for respondent. On Petition for Review of an Order of the National Labor Relations Board. Before TANG and BEEZER, Circuit Judges, and KING * , District Judge. TANG, Circuit Judge: 1 The International Brotherhood of Boilermakers seeks review of an order of the National Labor Relations Board ruling that Administrative Law Judges and the Board have no authority to review the NLRB's General Counsel's decision to withdraw an unfair labor practice complaint after the hearing has commenced but before evidence "on the merits" has been introduced. The Petition for Review is denied. Background 2 On January 27, 1987, Boilermakers Local 6 ("Union") filed an…