Dunlop v. Bachowski

421 U.S. 560 (1975)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

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.