Dunlop v. Bachowski

After losing a union election, Bachowski (defendant on this appeal, originally the petitioner below) asked the Secretary of Labor (plaintiff on this appeal) to sue to set aside the results for violations of the Labor-Management Reporting and Disclosure Act (LMRDA); the Secretary declined, concluding his investigation didn't support a lawsuit. Bachowski asked a federal district court to declare that decision arbitrary and capricious and order the Secretary to sue; the district court found it had no authority to review the decision at all, but the Third Circuit reversed, holding the decision was reviewable final agency action under the APA, entitling Bachowski to a detailed statement of the Secretary's reasoning and even a trial-type inquiry into the underlying facts and whether the alleged violations affected the outcome.