Does the doctrine of exhaustion of remedies apply where a party has filed a complaint against the NLRB but has not yet held hearing on the complaint?

MultiRegion, United States of America

The following excerpt is from Able v. U.S., 88 F.3d 1280 (2nd Cir. 1996):

6 Of course, in the present case no "adverse administrative determination" has yet occurred because the district court has enjoined all separation proceedings against the plaintiffs. But even where an adverse determination has not yet been made, a party may still be required to exhaust its administrative remedies. See Myers v. Bethlehem Shipbuilding Corp., 303 U.S. 41, 50-51, 58 S.Ct. 459, 463-64, 82 L.Ed. 638 (1938) (doctrine of exhaustion of remedies applied where NLRB had filed complaint against company but had not yet held hearing on complaint).

Other Questions


Does plaintiff have to exhaust his administrative remedies before he can file a complaint in federal court? (MultiRegion, United States of America)
Does a prisoner have to exhaust his administrative remedies for constitutional claims before filing a civil rights complaint? (MultiRegion, United States of America)
When a statute or agency rule demands exhaustion of administrative remedies, does the federal court have jurisdiction to order the exhaustion of remedies? (MultiRegion, United States of America)
Does a party have jurisdiction to bring a supplemental pleading that alleges that a party was involved in a dispute with the other party before the date of filing? (MultiRegion, United States of America)
If plaintiff decides to file an amended complaint, can the amended complaint supersede the current complaint? (MultiRegion, United States of America)
When a plaintiff files an amended complaint, can the court use the amended complaint to clarify the allegations in the original complaint? (MultiRegion, United States of America)
What federal remedies apply to a plaintiff who has failed to exhaust remedies? (MultiRegion, United States of America)
Does a party have to exhaust intra-union remedies under 29 U.S.C. 411(a)(4) before filing a lawsuit? (MultiRegion, United States of America)
If Plaintiff decides to file an amended complaint, is the amended complaint supersided by the original complaint? (MultiRegion, United States of America)
Does the doctrine of fruit of the poisonous tree doctrine apply to the Miranda exclusionary rule? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.