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HANNA BOYS CENTER v. MILLER

No. 88-1756.

853 F.2d 682 (1988)

HANNA BOYS CENTER, Plaintiff-Appellant, v. Robert H. MILLER; Donald L. Dotson; Wilford W. Johansen; James M. Stevens; Marshall B. Babson; Mary Miller Cracraft; National Labor Relations Board, Defendants-Appellees, and Social Services Union Local 535, Service Employees International Union, AFL-CIO, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 1, 1988.

Attorney(s) appearing for the Case

George J. Tichy, II, Patricia A. Shepherd and Beth E. Aspedon, Litler, Mendelson, Fastiff & Tichy, San Francisco, Cal., for plaintiff-appellant.

Abby Propis Simms, and Eric G. Moskowitz, Deputy Asst. General Counsel for Special Litigation, Washington, D.C., for defendants-appellees.

Vincent A. Harrington, Jr., Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal., for defendant-intervenor-appellee.

Before ALDISERT, ALARCON and HALL, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Plaintiff-appellant Hanna Boys Center ("Center") appeals from the district court's dismissal of its complaint for want of subject matter jurisdiction. Although the courts are generally prohibited from reviewing NLRB proceedings under section 9 of the National Labor Relations Act ("NLRA"), 29 U.S.C. § 159, the Center claims that the district court should have exercised jurisdiction pursuant to two judge-made exceptions: (1...

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