Lakew Feleke v. National Labor Relations Board

N OTE: This order is nonprecedential.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 D YK, P ROST , and CHEN, Circuit Judges.
P ER CURIAM .
O R D E R
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: 1 Filed: 03/18/2025

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FELEKE v. NLRB 2
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,
I T I S O RDERED T HAT :
(1) The appeal is dismissed.
(2) All pending motions are denied as moot.
(3) Each side shall bear its own costs.
March 18, 2025
Date
F OR THE COURT
Case: 25-1340 Document: 9 Page: 2 Filed: 03/18/2025

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