Dunlop v. Bachowski

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
Argued April 21, 1975
Decided June 2, 1975
Full case nameJohn Thomas Dunlop, Secretary of Labor v. Bachowski, et al.
Citations421 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
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
Case opinions
MajorityBrennan, joined by Burger, Douglas, Stewart, White, Marshall, Blackmun, Powell
ConcurrenceBurger
Concur/dissentRehnquist

References

  1. Beerman, Jack M. Administrative Law. New York, N.Y.: Aspen Publishers, 2006, p. 37.


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