International Brotherhood of Boilermakers, Local 6 v. National Labor Relations Board

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

On January 27, 1987, Boilermakers Local 6 (“Union”) filed an unfair labor practice charge against Solano Rail Car Co. with the National Labor Relations Board (“Board”). On March 31, 1987, the Union filed a second unfair labor practice charge. The Board ordered consolidation and set hearing for June 18, 1987. The hearing opened on June 18, 1987, and the Administrative Law Judge (“AU”) granted the General Counsel’s motions to introduce formal papers, to sever the cases, and to continue the hearing.

On July 7, 1987, the hearing resumed. General Counsel moved for leave to withdraw the complaint on the ground that new information showed that there was insufficient evidence to proceed with the complaint. After extended argument and another continuance, the AU denied the General…