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Cafeteria & Restaurant Workers Union, Local 473, AFL-CIO v. McElroy

United States Supreme Court
367 U.S. 886 (1961)


Rachel Brawner was a restaurant employee, assigned to work at a sensitive United States Navy facility. Brawner was represented by the Cafeteria & Restaurant Workers Union, Local 473, AFL-CIO (AFL-CIO) (plaintiff). Without explaining why or how, Navy officials determined that Brawner no longer met the Navy's security requirements. The officials revoked Brawner's security badge and terminated Brawner's access to the facility. Brawner's employer requested a hearing to allow Brawner to challenge the revocation of her badge. Navy officials denied the request. The AFL-CIO sued the United States Secretary of Defense Neil McElroy (defendant) and the Navy officials, arguing that the Navy's action denied Brawner her constitutional right to due process of law. Ultimately, the United States Supreme Court granted certiorari.

Rule of Law


Holding and Reasoning (Stewart, J.)

Dissent (Brennan, J.)

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