Bachowski v. Usery

The present appeal, marking the second time this litigation comes before this Court, is taken by the Secretary of Labor and the United Steelworkers of America from an order of the district court on remand from the opinion of the Supreme Court in Dunlop v. Bachowski. The appellants contend that the district court transgressed the boundaries established by the Supreme Court for permissible review of a decision by the Secretary not to bring suit under 29 U.S.C. § 482(b) to overturn a union election. As a threshold matter, however, it is necessary to determine whether we are presented with a final judgment, appealable under 28 U.S.C. § 1291.