Dunlop v. Bachowski


Dunlop v. Bachowski
Dunlop v. Bachowski
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 21, 1975
Decided June 2, 1975
Full case name 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
Holding
Court membership
Case opinions
Majority Brennan, joined by Burger, Douglas, Stewart, White, Marshall, Blackmun, Powell
Concurrence Burger
Concur/dissent Rehnquist

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. 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]

Footnotes

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



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