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Administrative Law Keyed to Aman
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 on the premises of the Naval Gun Factory, a facility engaged in designing and producing classified naval ordnance. The cafeteria operated under a contract with the Gun Factory that specified personnel must meet security requirements as determined by the Security Officer. In November 1956, Lieutenant Commander Williams, the Security Officer, determined that Brawner failed to meet security requirements and required her to surrender her identification badge. This decision was approved by Admiral Tyree, the Superintendent. When the union requested a meeting to discuss the denial of access, Admiral Tyree refused, stating it would “serve no useful purpose.” M&M offered Brawner employment at another restaurant in suburban Washington, but she declined due to the inconvenient location. The plaintiffs then brought suit seeking to compel the return of her badge so she could resume her former employment.
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