Kalpana Kalpana (Editor)

Dunlop v. Bachowski

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Concurrence
  
Burger

End date
  
1975

Concur/dissent
  
Rehnquist

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) P10,872; 89 L.R.R.M. 2435

Majority
  
Brennan, joined by Burger, Douglas, Stewart, White, Marshall, Blackmun, Powell

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.

References

Dunlop v. Bachowski Wikipedia