Bachowski v. Brennan

Opinion OF THE COURT VAN DUSEN, Circuit Judge. This case is an appeal from the district court's dismissal for lack of subject matter jurisdiction of a suit to compel the Secretary of Labor (the ""Secretary"") to bring an action to upset a union election under § 402(b) of the Labor-Management Reporting and Disclosure Act of 1959 (""L-MRDA""), 29 U.S.C. § 482(b).1 The issue presented is whether the Secretary's decision not to bring such an action is subject to judicial review.