> The NLRB turned down Damore's complaint. I think he could theoretically still sue in civil court? I don't think that's commonly done? Either way, his complaint was denied.
Technically the NLRB didn't act on Damore's charge because he withdrew it. The Advice Memo was requested by and directed to a Regional Director at the NLRB. If the charge had not been withdrawn the Regional Director likely would have refused to issue a complaint, i.e. dismissed the charge. That decision could have been appealed to the General Counsel, a Presidential appointee. The person that wrote the memo, the associate General Counsel for the Division of Advice, reports directly to the General Counsel. If the General Counsel upheld the decision to dismiss the charge, that decision would not be appealable to any court. Nor can the relevant provisions of the NLRA be enforced directly by private lawsuit.
Technically the NLRB didn't act on Damore's charge because he withdrew it. The Advice Memo was requested by and directed to a Regional Director at the NLRB. If the charge had not been withdrawn the Regional Director likely would have refused to issue a complaint, i.e. dismissed the charge. That decision could have been appealed to the General Counsel, a Presidential appointee. The person that wrote the memo, the associate General Counsel for the Division of Advice, reports directly to the General Counsel. If the General Counsel upheld the decision to dismiss the charge, that decision would not be appealable to any court. Nor can the relevant provisions of the NLRA be enforced directly by private lawsuit.