Feleke v. NLRB

Case: 25-1340 Document: 9 Page: 1 Filed: 03/18/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

LAKEW FELEKE, Petitioner

v.

NATIONAL LABOR RELATIONS BOARD, Respondent ______________________

2025-1340 ______________________

Appeal from the National Labor Relations Board in No. 27-CA-348313. ______________________

ON MOTION ______________________

Before DYK, PROST, and CHEN, Circuit Judges. PER CURIAM. ORDER Lakew Feleke appeals a decision of the National Labor Relations Board (NLRB) Office of General Counsel (OGC) declining to bring an unfair labor practice complaint. ECF No. 1-2 at 2; ECF No. 8-1. In response to the court’s show cause order, the NLRB urges dismissal of this appeal. Mr. Feleke has not responded to the show cause order.

Case: 25-1340 Document: 9 Page: 2 Filed: 03/18/2025 2 FELEKE v. NLRB

This court’s limited jurisdiction does not include review of decisions of the NLRB or its OGC. See 28 U.S.C. § 1295. While we may transfer under 28 U.S.C. § 1631 to another court where the appeal could have been brought if it is in the interest of justice, we see no basis to do so here. The regional circuits have jurisdiction over an appeal from a “fi- nal order” of the Board, see 29 U.S.C. § 160(f), but generally “the General Counsel’s approval of a determination not to file an unfair labor practice complaint is not subject to ju- dicial review,” NLRB v. United Food & Comm. Workers Un- ion, Local 23, AFL-CIO, 484 U.S. 112, 122–23 (1987) (citations omitted). Given that general bar on review and Mr. Feleke’s failure to point to any exception that would allow review in a transferee court, we dismiss. Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed. (2) All pending motions are denied as moot. (3) Each side shall bear its own costs. FOR THE COURT

March 18, 2025 Date