Logourl black
From our private database of 14,100+ case briefs...

Industrial Union Department, AFL-CIO v. Hodgson

United States Court of Appeals for the District of Columbia Circuit
499 F.2d 467 (1974)


The Industrial Union Department of the AFL-CIO (AFL-CIO) (plaintiff), a labor union, sued James Hodgson (defendant), the secretary of the Department of Labor (DOL), in the United States Court of Appeals for the District of Columbia Circuit. The AFL-CIO challenged: (1) the DOL's interpretation of the Occupational Safety and Health Act (OSHA), and (2) a rule the DOL implemented under OSHA to regulate asbestos dust in the workplace. Although OSHA specified general policy objectives and provided a procedure for setting standards, OSHA left most of the implementation details to the DOL. The DOL made extensive and highly technical fact findings in support of its asbestos rule. However, many issues required the DOL to make its own policy judgments. Two judgments made by the DOL were: (1) to give all industries the same target date for compliance with the rule, and (2) to require different retention periods under the rule for different types of records.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.


The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (McGowan, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 222,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.