NLRB Lawyer’s Prosecutorial Discretion Upheld by Fifth Circuit

The National Labor Relations Board’s then-acting general counsel had the power to withdraw a complaint against two unions that was issued by his Trump-era predecessor, a federal appeals court in New Orleans ruled.

NLRB Deputy General Counsel Peter Sung Ohr—who led the agency’s legal arm after President Joe Biden fired Peter Robb in January 2021—pulled back the complaint against a pair of International Brotherhood of Teamsters affiliates in an unreviewable act of prosecutorial discretion, a divided US Court of Appeals for the Fifth Circuit held Monday.

The decision marks another unsuccessful legal challenge related to Biden’s unprecedented termination of ...