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Administrative Law Keyed to Popper
Cafeteria & Restaurant Workers Union, Local 473, AFL-CIO v. McElroy
Citation:
367 U.S. 886, 81 S.Ct. 1743, 6 L.Ed.2d 1230 (1961)Facts
Rachel Brawner worked as a short-order cook for over six years at a cafeteria operated by M&M Restaurants, Inc., on the premises of the Naval Gun Factory in Washington, D.C. The Gun Factory was engaged in designing and producing naval ordnance, including highly classified weapons systems. Access to the facility was restricted, requiring identification badges issued by the Security Officer. The contract between the Gun Factory and M&M specified that the concessionaire would not employ personnel who failed to meet security requirements as determined by the Security Officer. On November 15, 1956, Lieutenant Commander Williams, the Security Officer, required Brawner to surrender her identification badge based on his determination that she failed to meet security requirements. This decision was approved by Admiral Tyree, the Superintendent. When the Union requested a hearing regarding the denial of access, Admiral Tyree denied the request, stating it would “serve no useful purpose.” M&M offered Brawner employment at another restaurant in suburban Washington, but she declined because of the inconvenient location.
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