Cafeteria and Restaurant Workers Union, Local 473, AFL-CIO v. McElroy case brief

Cafeteria and Restaurant Workers Union, Local 473, AFL-CIO v. McElroy case brief
367 U.S. 886, 81 S. Ct. 1743, 6 L. Ed. 2d 1230 (1961)

CASE SYNOPSIS: The court granted certiorari to the United States Court of Appeals for the District of Columbia Circuit, which affirmed a district court's dismissal of a complaint filed by petitioners, a civilian and her union. Petitioners had sought, inter alia, the return of civilian petitioner's identification badge so that she might resume employment at respondents' military installation where she worked for a private concessionaire.

FACTS: The Supreme Court affirmed a judgment of a court of appeals, which affirmed dismissal of a complaint brought by petitioners, a civilian and her union, seeking, among other things, to compel the return of civilian petitioner's identification badge so that she might be permitted to enter a military installation and resume her former employment. Civilian petitioner had been a cook for a private concessionaire and had been required to turn in her badge after respondent security officer determined that she had failed to meet certain security requirements. 

DISCUSSION:

• The Supreme Court held that respondent commanding officer was authorized to deny civilian petitioner access to the installation under Article 0734 of the Navy Regulations and in light of the historically unquestioned power of a commanding officer summarily to exclude civilians from the area of his command. 
• The court also held that the Due Process Clause of U.S. Const. amend. V was not violated. 
• Due process did not require that civilian petitioner be advised of the specific grounds for her exclusion and be accorded a hearing, because government employment, in the absence of legislation, could be summarily denied.

CONCLUSION: The judgment was affirmed because a naval regulation authorized a commanding officer summarily to exclude tradesmen or their agents from a military installation. Moreover, civilian petitioner's summary exclusion without being advised of the specific grounds for her exclusion and a hearing did not violate the Due Process Clause of U.S. Const. amend. V.

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