Dunlop v. Bachowski

421 U.S. 560 (1975)


The USWA held elections, and Bachowski (P) was defeated by the incumbent in the election for the office in District 20. P exhausted all remedies within the USWA and then filed a timely complaint with the Secretary of Labor (D). D filed civil actions to set aside the elections in two of five complaining districts. D wrote P a letter and told P that his district election would not be set aside. P sued D; declare the actions of D arbitrary and capricious. The District Court dismissed for lack of jurisdiction. The Court of Appeals reversed; there was jurisdiction under 28 U.S.C. section 1337 and the APA, 5 U.S.C. section 702 and 704, subjected the Secretary's decision to judicial review as final agency action for which there is no other adequate remedy in court, that P was entitled to challenge the factual basis for the Secretary's conclusion by a sufficient factual basis supplied by the Secretary.