Before CECIL, WEICK and O'SULLIVAN, Circuit Judges.
CECIL, C. J.: This cause is before the Court on motion of the respondent, National Labor Relations Board, to dismiss the petition of petitioner, Harold C. Foreman, for review of an alleged final order of the National Labor Relations Board.
The petitioner seeks a review of an act of the General Counsel of the Board in refusing to issue a complaint upon the charge of the petitioner.
Upon consideration of the petition, the motion of the respondent to dismiss and the brief of the petitioner in opposition to the motion.
The Court finds that the act of the General Counsel in refusing to issue a complaint is not a final order of the Board subject to review by this Court under Section 10(f) of the National Labor Relations Act (Sec. 160(f), Title 29 U.S.C.).
Anthony v. National Labor Relations Board , 204 F.2d 832, 834, C.A. 6; Contractors Association of Philadelphia and Eastern Pennsylvania v. National Labor Relations Board , 295 F.2d 526, C.A. 3, cert. denied, 369 U.S. 813; Manhattan Construction Co. v. National Labor Relations Board , 198 F.2d 320 C.A. 10; General Drivers v. National Labor Relations Board , 179 F.2d 492, C.A. 10; Lincourt v. National Labor Relations Board , 170 F.2d 306, C.A. 1.
It is therefore ordered and adjudged that the motion to dismiss the petition for review for want of jurisdiction be and it is hereby sustained.