Second Circuit
Fernandez v. FLRA, No. 06-0278-AG (2d Cir. 2007) [unpublished judgment], reviewing Case No. BN-CO-05-0131.
The Second Circuit dismissed for lack of subject matter jurisdiction a petition for review of the General Counsel's refusal to issue a ULP complaint.
Samuel M. Rizzitelli v. FLRA, 212 F.3d 710 (2d Cir. 2000), reviewing Case No. BN-CO-80486.
The Second Circuit dismissed for lack of subject matter jurisdiction a petition for review of the General Counsel's refusal to issue a ULP complaint. The court reasoned that the decision was not a "final order" within the meaning of section 7123(a) of the Statute.
