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 Dunlop v. Bachowski, 421 U. S. 560 (1975) presents an example of statutory language which supplied sufficient standards to rebut the presumption of unreviewability. Dunlop involved a suit by a union employee, under the Labor-Management Reporting and Disclosure Act, 29 U.S.C. § 481 et seq. (LMRDA), asking the Secretary of Labor to investigate and file suit to set aside a union election. Section 482 provided that, upon filing of a complaint by a union member, '[t]he Secretary shall investigate such complaint and, if he finds probable cause to believe that a violation . . . has occurred . . . he shall . . . bring a civil action. . . .'

 

After investigating the plaintiff's claims, the Secretary of Labor declined to file suit, and the plaintiff sought judicial review under the APA. The Court held that review was available. It rejected the Secretary's argument that the statute precluded judicial review, and, in a footnote, it stated its agreement with the conclusion of the Court of Appeals that the decision was not 'an unreviewable exercise of prosecutorial discretion.' 421 U.S. at 421 U. S. 567, n. 7. The textual references to the ...

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