TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Miscellaneous Litigation 215
Though construing the complamt most favorably to the plaintiff, the
court concluded that it did not establish constitutional impairment,
which was the primary basis of the suit and the prerequisite to the
jurisdiction of the district court For, as the court stated, "If the
Board has, m the instant case, exercised its discretion unwisely, even
unreasonably, that raises no constitutional issue." 21
Ibid