Dunlop v. Bachowski, 421 U.S. 560 (1975), is a unanimous decision of the Supreme Court of the United States which held that the Labor-Management Reporting and Disclosure Act of 1959 gives federal courts jurisdiction to review decisions of the United States Department of Labor to proceed (or not) with prosecutions under the Act. In this case, there was a disputed election within the United Steelworkers. The Court declined to authorize a jury-type trial into the reasons for the department's decisions, and instead held that court may only review the department's rationales under the "arbitrary and capricious" test.[1]
Dunlop v. Bachowski | |
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Argued April 21, 1975 Decided June 2, 1975 | |
Full case name | John Thomas Dunlop, Secretary of Labor v. Bachowski, et al. |
Citations | 421 U.S. 560 (more) 95 S. Ct. 1851; 44 L. Ed. 2d 377; 1975 U.S. LEXIS 140; 77 Lab. Cas. (CCH) ¶ 10,872; 89 L.R.R.M. 2435 |
Court membership | |
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Case opinions | |
Majority | Brennan, joined by Burger, Douglas, Stewart, White, Marshall, Blackmun, Powell |
Concurrence | Burger |
Concur/dissent | Rehnquist |
References
edit- ^ Beerman, Jack M. Administrative Law. New York, N.Y.: Aspen Publishers, 2006, p. 37.
External links
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