dunlop bachowski argued april decided june defeated office incumbent union election exhausting union remedies respondent candidate hereafter respondent filed complaint petitioner secretary labor alleging violations reporting disclosure act lmrda thus invoking act requires secretary investigate complaint decide whether bring civil action set aside election secretary upon investigation decided action warranted advised respondent filed action secretary decision declared arbitrary capricious order file suit set aside election district dismissed action ground lacked authority afford relief sought appeals reversed remanded holding district jurisdiction action case arising act congress regulating commerce lmrda administrative procedure act apa subjected secretary decision judicial review final agency action adequate remedy decision agency action pursuant statutes preclude judicial review agency action committed agency discretion law excepted judicial review scope judicial review governed ensure secretary actions arbitrary capricious abuse discretion entitled respondent sufficiently specific statement factors upon secretary relied reaching decision respondent may information concerning allegations contained complaint held confers jurisdiction upon district entertain respondent suit secretary decision suit excepted judicial review virtue reviewable standard specified appeals erred insofar construed authorize district allow respondent inquiry factual bases secretary decision pp absent express prohibition lmrda judicial review secretary decision secretary bears heavy burden overcoming strong presumption congress mean prohibit judicial review decision presumption secretary failed overcome case however congressional purpose narrowly limit scope judicial review secretary decision must inferred order fulfill statutory objectives since lmrda relies upon secretary knowledge discretion determining probable violation probable effect violation election outcome reviewing authorized substitute judgment secretary decision bring suit enable intelligently review secretary determination secretary must provide complaining union member statement supporting reasons pp reviewing confine examining reasons statement determining whether statement without shows secretary decision irrational arbitrary capricious review may extend adversary trial complaining union member challenges factual bases secretary decision pp district determines secretary reasons statement adequately demonstrates decision suit contrary law complaining union member suit fails dismissed whereas district determines statement face compels conclusion secretary decision sue irrational arbitrary capricious assumed secretary proceed appropriately without coercion order pp brennan delivered opinion burger douglas stewart white marshall blackmun powell joined burger filed concurring opinion post rehnquist filed opinion concurring result part dissenting part post mark evans argued cause petitioner brief solicitor general bork assistant attorney general hills deputy solicitor general wallace beate bloch joseph rauh argued cause respondent bachowski brief john silard elliott lichtman kenneth yablonski michael gottesman argued cause respondent steelworkers america brief bernard kleiman briefs amici curiae urging affirmance filed joseph yablonski daniel edelman mine workers america clarice feldman association union democracy justice brennan delivered opinion february steelworkers america uswa held district officer elections several districts respondent bachowski hereinafter respondent defeated incumbent election office district exhausting remedies within uswa respondent filed timely complaint petitioner secretary labor alleging violations reporting disclosure act lmrda stat thus invoking require secretary investigate complaint decide whether bring civil action set aside election similar complaints filed respecting five district elections completing investigations secretary filed civil actions set aside elections two districts respect election district advised respondent letter dated november ased investigative findings determined civil action set aside challenged election warranted november respondent filed action secretary uswa district western district pennsylvania complaint asked among relief declare actions defendant secretary arbitrary capricious order file suit set aside aforesaid election district conducted hearing november argument question reviewability secretary decision concluded lacked authority find action capricious order file suit civil action wd doc hearing followed order dated november dismissing suit appeals third circuit reversed appeals held first district jurisdiction respondent suit case arising act congress regulating commerce lmrda second administrative procedure act subjected secretary decision judicial review final agency action adequate remedy decision secretary maintained agency action pursuant statutes preclude judicial review agency action committed agency discretion law excepted judicial review third scope judicial review governed ensure secretary actions arbitrary capricious abuse discretion entitled respondent sought challenge factual basis secretary conclusion either violations occurred affect outcome election sufficiently specific statement factors upon secretary relied reaching decision respondent may information concerning allegations contained complaint granted certiorari sub nom brennan bachowski agree confers jurisdiction upon district entertain respondent suit secretary decision sue excepted judicial review rather subject secretary decision judicial review standard specified hold however appeals erred insofar opinion construes authorize inquiry factual bases secretary conclusion violations occurred affecting outcome election accordingly reverse judgment appeals insofar directs proceedings remand consistent opinion direct entry new judgment ordering proceedings remand consistent opinion lmrda contains provision explicitly prohibits judicial review decision secretary bring civil action union set aside allegedly invalid election prohibition section remedy provided subchapter challenging election already conducted shall exclusive certain lmrda provisions concerning conduct enforceable suits brought individual union members provisions concerning conduct election however may enforced according procedures specified section thus prohibition judicial review simply underscores exclusivity procedures cases absence express prohibition lmrda secretary therefore bears heavy burden overcoming strong presumption congress mean prohibit judicial review decision question phrased terms prohibition rather authorization survey cases shows judicial review final agency action aggrieved person cut unless persuasive reason believe purpose congress abbott laboratories gardner nly upon showing clear convincing evidence contrary legislative intent courts restrict access judicial review see also rusk cort citizens preserve overton park volpe secretary urges structure statutory scheme objectives legislative history nature administrative action involved conditions spelled respect thereto combine evince congressional meaning prohibit judicial review decision examined materials secretary relies upon reveal us congressional purpose prohibit judicial review indeed even slightest intimation congress gave thought matter preclusion judicial review reasonable inference possibility occur congress wirtz bottle blowers therefore reject secretary argument without merit failed make showing clear convincing evidence congress meant prohibit judicial review decision circumstance courts necessarily without power jurisdiction clearly appear secretary acted arbitrary capricious manner ignoring mandatory duty owes plaintiffs powers granted congress leedom kyne devito shultz supp dc devito see ravaschieri shultz sdny mcarthy wirtz ed mo katrinic wirtz dc examination relevant materials persuades us however although purpose prohibit judicial review shown congressional purpose narrowly limit scope judicial review secretary decision inferred order carry congressional objectives enacting lmrda ii four prior decisions construing lmrda identify congressional objectives thus put scope permissible judicial review perspective congress decided utilize special knowledge discretion secretary labor order best serve public interest decided permit individuals block delay union elections filing suits calhoon harvey congress concern settle quickly practicable cloud incumbents titles office wirtz bottle blowers supra deliberately giving exclusive enforcement authority secretary emphatically asserted vital public interest assuring free democratic union elections transcends narrower interest complaining union member improbable congress deliberately settled exclusive enforcement jurisdiction secretary granted broad investigative powers discharge responsibilities yet intended shape enforcement action immutably fixed artfulness layman complaint expertise resources labor department surely meant broader play wirtz laborers union congress made suit secretary exclusive remedy two principal reasons protect unions frivolous litigation unnecessary judicial interference elections centralize single proceeding litigation might warranted trbovich mine workers congress intended prevent members pressing claims thought meritorious secretary litigating forums times different chosen secretary statute gives individual union members certain rights union secretary labor effect becomes union member lawyer purposes enforcing rights bottle blowers assn reveals two considerations pertinent determination scope judicial review section leaves secretary terms question whether probable cause believe violation occurred question whether outcome election probably affected violation bottle blowers construed however conferring upon secretary discretion determine probable violation probable effect secretary may initiate action investigation confirms violation probably infected challenged election see also schonfeld wirtz supp sdny addition rejecting argument unlawfulness infecting challenged election washed away intervening unsupervised union election stated congress evident conclusion supervised election offer assurance officers achieved office beneficiaries violations act means perpetuate unlawful control succeeding election reached light abuses surfaced extensive congressional inquiry showing incumbents use inherent advantage potential rank file challengers established perpetuated dynastic control unions abuses among number instances breach trust disregard rights individual employees upon congress rested decision legislation required public interest moreover statement reasons serves purposes judicial review since secretary role lawyer complaining union member include duty indulge client usual prerogative direct lawyer file suit may reasonably infer congress intended secretary supply member reasoned statement determined proceed matter law secretary required sue set aside election whenever proofs suggest suit might successful remains degree discretion select cases subjective judgment probable outcome litigation must control devito shultz dc devito ii emphasis added urely congress must intended courts intercede sufficiently determine provisions title iv carried harmony implementation provisions lmrda devito supra finally reasons requirement promotes thought secretary compels cover relevant points eschew irrelevancies noted appeals case need assure careful administrative consideration relevant even secretary decision unreviewable necessity reviewing refrain substitution judgment secretary thus helps define permissible scope review except must rare case review confined examination reasons statement determination whether statement without evinces secretary decision irrational constitute decision arbitrary capricious thus review may extend cognizance trial complaining member challenges factual bases secretary conclusion either violations occurred affect outcome election full trappings adversary hearings defiant congressional objectives permit individuals block delay resolution disputes rather settle quickly practicable cloud incumbents titles office protect unions frivolous litigation unnecessary interference elections concludes rational defensible basis stated reasons statement secretary determination end matter function determine whether case brought outcome devito ii supra thus secretary letter november may sufficed brief statement grounds denial purposes administrative procedure act plainly suffice statement reasons required lmrda statement reasons must adequate enable determine whether secretary decision reached impermissible reason reason essential purpose although detailed findings fact required statement reasons inform complaining union member grounds decision essential facts upon secretary inferences based secretary suggests rare case might justify review beyond confines reasons statement might arise example secretary declare longer enforce title iv otherwise completely abrogate enforcement responsibilities secretary prosecuted complaints constitutionally discriminatory manner brief petitioner cases might imagined secretary decision plainly beyond bounds act clearly defiant act devito ii since inevitably matter grave public concern case arise complaining member proofs sufficed require judicial inquiry allegations kind may hope cases rare indeed remains question remedy district determines secretary statement reasons adequately demonstrates decision sue contrary law complaining union member suit fails dismissed howard hodgson statement inadequately discloses reasons secretary may afforded opportunity supplement statement devito valenta brennan supra must mindful however endless litigation concerning sufficiency written statement inconsistent statute goal expeditious resolution disputes district may however ultimately come conclusion secretary statement reasons face renders necessary conclusion decision sue irrational constitute decision arbitrary capricious presented question whether district empowered order secretary bring civil suit union set aside election occasion address question time obviously presents difficulty light strong evidence congress deliberately gave exclusive enforcement authority secretary see passenger corp passengers brennan concurring nader saxbe app prefer therefore time assume secretary proceed appropriately without coercion order finally advised courts decision law arbitrary capricious iii opinion appeals authorized review beyond permissible limits defined opinion first stating judicial review secretary decision bring suit extend least inquiry reasons decision noted relief requested complaint however goes beyond inquiry laintiff seeks opportunity challenge factual basis secretary conclusion either violations occurred affect outcome election concluded circumstance plaintiff entitled sufficiently specific statement factors upon secretary relied reaching decision file suit plaintiff may information concerning allegations contained complaint key allegation plaintiff verified complaint paragraph alleges notwithstanding fact defendant secretary investigation substantiated plaintiff allegations notwithstanding fact irregularities charged affected outcome election defendant secretary refuses file suit set aside election thus appeals opinion impermissibly authorizes district allow respondent full trappings adversary trial challenge factual basis secretary decision iv district pursuant appeals order remand ordered secretary furnish statement reasons petitioner order petitioner uswa conceded order proper case tr oral arg secretary furnished statement attached appendix opinion adequacy support conclusion whether secretary decision rationally based arbitrary capricious matter initial determination district judgment appeals reversed insofar directs proceedings consistent opinion appeals directed enter new order proceedings remand consistent opinion ordered footnotes title provides filing complaint presumption validity challenged election member labor organization exhausted remedies available constitution bylaws organization parent body invoked available remedies without obtaining final decision within three calendar months invocation may file complaint secretary within one calendar month thereafter alleging violation provision section title challenged election shall presumed valid pending final decision thereon interim affairs organization shall conducted officers elected manner constitution bylaws may provide investigation complaint commencement civil action secretary jurisdiction preservation assets secretary shall investigate complaint finds probable cause believe violation subchapter occurred remedied shall within sixty days filing complaint bring civil action labor organization entity district labor organization maintains principal office set aside invalid election direct conduct election hearing vote upon removal officers supervision secretary complaint filed date november letter quoted text complaint alleges november respondent received phone call pittsburgh office defendant secretary advising defendant secretary decided file suit set aside contested election district uswa order november recites determined lacks jurisdiction subject matter complaint view result immaterial whether dismissal ground lack jurisdiction nonreviewability grounds section lmrda provides provisions administrative procedure act shall applicable adjudication authorized required pursuant provisions chapter pertinent provisions administrative procedure act provide application definitions chapter applies except extent statutes preclude judicial review agency action committed agency discretion law right review person suffering legal wrong agency action entitled judicial review thereof actions reviewable agency action made reviewable statute final agency action adequate remedy subject judicial review scope review reviewing shall hold unlawful set aside agency action found arbitrary capricious abuse discretion otherwise accordance law closing sentence opinion originally filed july required district permit respondent examine data reports upon secretary relied present version substituted order dated september also added reciting appeals recognition certain data secretary files may privileged confidential agree appeals reasons stated opinion merit secretary contention decision unreviewable exercise prosecutorial discretion see acting bill committee followed three principles committee recognized desirability minimum interference government internal affairs private organization establishing enforcing statutory standards great care taken undermine union weaken unions role agents given maintenance minimum democratic safeguards detailed essential information union individual members fully competent regulate union affairs remedies abuses direct legislation provide administrative judicial remedy appropriate specific problem see also ibid bill reported committee carries major recommendations mcclellan committee within general philosophy legislative restraint respondent referred oral argument following statement brief mine workers america amicus curiae struggle umwa members overturn tyranny union lonely difficult one part apathy indifference outright prejudice officials within department labor purportedly guardians union members rights lmrda often union reformers found department labor allied union incumbents interests issue nature raised respondent complaint case title provides prompt notice shall given denial whole part written application petition request interested person made connection agency proceedings except affirming prior denial denial notice shall accompanied brief statement grounds denial judge gesell district district columbia fashioned acceptable procedure devito supp aggrieved union members complained irregularities election regular officers international union also complained irregularities election international president emeritus office secretary labor refused bring suit set aside either election supplying separate statements reasons cases judge gesell determined statement respecting regular election officers inadequate statement respecting election president emeritus sufficient therefore ordered secretary reopen consideration former complaint submit fuller statement reasons explanation reconsideration secretary remained determined bring suit secretary motion dismiss summary judgment denied without prejudice submission reasons aspect case granted respects election president emeritus later following secretary reconsideration election regular officers adherence determination file suit judge gesell conducted another hearing devito ii dc judge gesell concluded occasion secretary satisfied rational basis proceeding granted secretary motion dismiss uswa argues arts ii iii constitution countenance order requiring executive branch wishes institute lawsuit federal judicial direction action brought violate separation powers secretary agrees union title iv require new election lawsuit one lacking requisite adversity interest constitute case controversy required article iii since consider time question power order secretary file suit need address contentions secretary concedes district dismissed respondent complaint want jurisdiction factual allegations paragraph must accepted true brief petitioner allegation recites however secretary investigation substantiated plaintiff allegations also secretary found irregularities charged affected outcome election contrary reasons statement attached appendix opinion discloses secretary found irregularities affect conduct election appendix opinion district western district pennsylvania civil action walter bachowski plaintiff peter brennan secretary labor department labor steelworkers america defendants statement secretary labor remand ordered secretary labor furnish statement reasons explanations underlying decision file suit pursuant complaint received walter bachowski member good standing steelworkers america hereinafter referred international accordingly defendant secretary labor furnishing following information however respectfully submitted defendant secretary labor furnishing statement waive legal claims raised connection matter pursuant complaint received june walter bachowski secretary labor conducted investigation february election conducted international office district director district district fourth largest steelworker district covers eight contiguous counties western pennsylvania running pittsburgh south erie north ohio west time election district comprised approximately members total secretary representatives investigated district local unions including former district locals secretary found past experience former district locals encountered unusual number election related problems due recent assimilation union formulating investigative plan department labor focused upon investigated every local brought attention bachowski orally written complaint investigators geographical areas locals designated bachowski reviewed additional local unions random basis areas also red flag locals selected district wide basis example voter turnouts appeared inordinately high addition depth local union investigations investigators interviewed numerous individuals including members union officers bachowski concerning events surrounding district election investigators also reviewed examined documentary evidence investigative leads potential violations course entire proceeding investigators worked hand hand bachowski ongoing basis size district obvious limitations available manpower department labor concurrently investigating elections conducted five districts well possible investigate every local union district however described investigative design broadly conceived reasonably calculated disclose violations may occurred district wide election therefore readily apparent department conducted thorough exhaustive investigation district election set forth detailed analysis investigative findings along numerical estimates votes may affected result violations reaching numerical estimates considered figures constitute reasonably probable effect rather set forth votes calculated maximum theoretical possibility using maximized figures giving instances benefit doubt bachowski example local union discussed herein failed conduct election thus assuming entire membership voted moreover voted unanimously bachowski arrived maximized figure possible effect outcome votes method computation theoretically possible highly unlikely since example entire district members voted election thus reasonable probability local union approximately members voted election voting given bachowski unanimity vote local union investigation local union disclosed failure mail notice election ten members working one employer site consequently never apprised election vote thus ten members potentially denied right vote local union result failure mail notice election required section act arriving figure ten note however since nine seventeen members employer location voted seems highly unlikely ten members voted election notified local union files indicate local union voted monthly membership meeting conduct election lack funds accordingly election conducted however since local union obligated law conduct election concluded total membership potentially denied right vote violation section act noted computing total number votes may affected violation included entire membership local union assumed entire membership may voted bachowski local union local union failed provide adequate safeguards insure fair election example persons conducting election ballots members work stations permitted vote specific voting area voter eligibility list used entire conduct election left great deal desired thus concluded local union failed provide adequate safeguards insure fair election violation may affected outcome election extent votes figure votes represents entire margin kluz prevailed bachowski local union investigation local union disclosed loose ballot control many ballots found lying around grounds employer result local unable account ballots union thus failed provide adequate safeguards insure fair election violation may affected votes figure previous local represents full margin victory kluz bachowski local union local union comprised six members failed conduct election investigation disclosed members eligible vote election thus six members denied right vote violation section act purposes possible effect outcome assumed six members voted election conducted six members voted bachowski local union local union consisting members failed schedule conduct election although appeared voter apathy local union concluded members denied right vote hence figure assigned potential effect outcome local union members local union work four separate employer locations investigative files indicated members three sites notified election violation section act addition investigation disclosed ballots distributed received manner secrecy maintained members voting location cast ballots favor kluz thus considered ballots may affected result violation thus local union total potential effect outcome votes derived assuming members notified voted cast ballots favor bachowski members influenced conditions vote kluz local union local union consists approximately members employed two separate locations investigation revealed nine members one locations mailed notices election required file revealed members fact eligible vote thus concluded outcome election may potentially affected extent eight votes result violation since one nine members notified election actually voted local union investigative file disclosed five members local union working plant site removed remainder local members denied opportunity vote election files disclosed election committee failed provide facilities members thus five votes may affected violation local union local union review investigative file local union disclosed two violations evidence indicated one member denied right vote local failed provide voting facilities member unable reach polls work conflict addition evidence indicated ineligible member permitted vote violation section act thus two members potentially affected violations occurred local union local union local union investigation revealed certain members marked ballots proximity registration table secrecy ballot may compromised investigation also revealed evidence one member saw another member voted result election kluz bachowski brummitt possible effect outcome margin victory kluz bachowski local union files reveal although election conducted local union return sheet submitted international evidence indicated financial secretary thought conducted election properly destroyed records submit return thus members casting ballots election denied right vote violation section act noted union purports evidence actual return local union showed kluz winning one vote local union review investigative files local revealed existence three violations evidence strongly indicated local failed provide adequate safeguards insure fair election violation section act evidence ballots submitted members fact vote election moreover individuals election tellers access handled ballots without adequate supervision view lack adequate ballot control strong indication ballot fraud local union concluded secretary votes received kluz considered possibly affected violation votes cast election bachowski receiving brummitt receiving evidence also indicated members three employer locations adequately notified election violation section act since members voted members may considered purposes effect outcome voted included figure finally file disclosed funds local union expended campaign rally supporting candidacy kluz evidence tends indicate members attended party including officers members locals thus using maximized figures votes may affected violation addition total number members already included however note union indicated many members attending party ardent kluz supporters thus illegal expenditure little effect voting preference unable identify majority members party union contends members attendance members local union whose entire vote regarded possibly affected violations noted local union investigative file local union indicated failure maintain secrecy ballot violation section act well failure adequately notify members election violation section act investigation disclosed ballots cast election signed back voting member obvious violation secrecy although officers local claim aware subsequent review ballots department labor investigator cancel violation may affected votes evidence also indicated members two employer sites notified election assuming voted cast votes bachowski votes may affected violation finally file disclosed inaccurate tallies responsible local union officers bachowski received one less vote entitlement kluz received one additional vote hence extra two votes must considered affected local failure properly credit votes proper candidates local union investigative file local union revealed ballots marked tables voters close proximity able observe members voting ballots thus local failed observe secrecy ballot required section act since margin victory kluz bachowski votes may affected existence violation local union local union failed provide adequate safeguards insure fair election ballot control less desirable persons authorized handled ballots one times throughout period election although additional investigation failed disclose evidence indicate irregularities fraud ineligible members voting nevertheless concluded lack adequate safeguards may affected ten members local margin votes achieved kluz bachowski local union evidence disclosed local union failed maintain adequate safeguards insure fair election union records indicated kluz received votes bachowski none brummitt one however secretary investigation revealed members listed voting also learned local maintain adequate control ballots fact may small part account deviation number votes indicated cast number members actually voting thus secretary labor concluded members voting election may affected local failure provide adequate safeguards insure fair election recapitulate setting forth list locals violations occurred votes may potentially calculated theoretical probability represent maximum number votes involved local union votes local union votes local union votes local union votes local union votes local union votes local union votes local union votes local union votes local union votes local union votes local union votes local union votes local union votes local union votes local union votes local union votes plaintiff correctly alleged complaint secretary confirmed investigation certain violations title iv occurred election district director district however secretary concluded review investigative findings votes may affected violations altered outcome election wirtz local glass bottle blowers association noted page secretary may initiate action investigation confirms violation section probably infected challenged election emphasis added conclusion richard thornberg assistant attorney beate bloch associate solicitor louis weiner regional solicitor stephen ernst robert salyers attorneys department labor counsel filed november defendant secretary labor pending petition writ certiorari appeals third circuit results election position district director district follows kluz votes bachowski votes brummitt votes chief justice burger concurring join opinion understanding fashioned exceedingly narrow scope review secretary determination bring action behalf complainant set aside election language purposes reporting disclosure act stat required define scope review much narrower applies administrative areas holding must read providing determination secretary challenge union election may held arbitrary capricious secretary investigation evidenced statement reasons shows election irregularities affected outcome complainant wirtz bottle blowers notwithstanding illegal conduct found secretary nevertheless refuses bring action advances rational reason decision justice rehnquist concurring result part dissenting part parties case excused react surprise opinion instead deciding issue presented secretary labor petition certiorari decides issue parties longer disagree compound confusion reasoning adopted resolve issue decide quite unusual unless intended foreshadow disposition issue upon purports reserve judgment exhausting intraunion remedies respondent filed complaint secretary labor alleging violations reporting disclosure act lmrda stat secretary conducted investigation concluded civil action set aside challenged election warranted respondent notified sought challenge secretary refusal file suit complaint alleged secretary refused file suit otwithstanding fact defendant secretary investigation substantiated respondent allegations respondent given statement reasons defendant secretary file suit app respondent asked order secretary file suit set aside election direct defendant secretary make available examination respondent evidence obtained concerning investigation aforesaid election appeals reversing district held secretary refusal file action set aside election judicially reviewable considering proper scope judicial review appeals concluded secretary prepare statement reasons presumably assist judicial review also ensure proper deference paid secretary determinations notwithstanding contrary verbiage approach materially different expressly reserves question whether district empowered order secretary bring civil suit union set aside election ante justification ordering secretary provide statement reasons appears premised upon affirmative disposition reserved question secretary must provide statement reasons enable reviewing intelligently review secretary determination ante subscribe judicial reasoning convoluted sort ii first place whether statement reasons must supplied secretary issue presented case single question presented secretary petition certiorari whether disappointed union office seeker may invoke judicial process compel secretary labor bring action title iv reporting disclosure act set aside union election pet cert concession appears well founded although reasons stated independent connection judicial review statement reasons required statute administrative procedure act apa applicable lmrda prompt notice shall given denial whole part written application petition request interested person made connection agency proceedings except affirming prior denial denial notice shall accompanied brief statement grounds denial acquiescence secretary removed issue case since majority persists deciding concur result basis apa dependent upon availability judicial review ground view furnishes sounder reason concluding statement reasons must furnished reasoning iii remains consider question presented secretary petition certiorari judicial review available behest respondent force secretary file civil action set aside union election respondent rely upon provision lmrda authorizing lawsuit indeed none instead respondent relies upon apa provisions app provisions apa apply however extent statutes preclude judicial review agency action committed agency discretion law agree preclude judicial review kind sought case section expresses congressional judgment civil action filed secretary shall exclusive remedy challenging election already conducted respondent recognizes decision calhoon harvey precludes proceeding directly union result believe compelled silent availability relief force secretary pursue remedy exclusively decisions prohibition judicial review lightly inferred abbott laboratories gardner reach contrary conclusion however regard second clause seems prior decisions establish secretary decision file file complaint precisely kind agency action committed agency discretion law exempted provisions apa lmrda cases repeatedly recognized exclusive role challenges played secretary calhoon harvey supra omitted said section title iv pointed sets exclusive method protecting title iv rights permitting individual member file complaint secretary labor challenging validity election violations title iv upon complaint secretary investigates finds probable cause believe title iv violated may file suit appropriate district apparent congress decided utilize special knowledge discretion secretary labor order best serve public interest congress one exception relevant decided permit individuals block delay union elections filing suits violations title iv reliance discretion secretary harmony general congressional policy allow unions great latitude resolving internal controversies fails utilize agencies government familiar union problems aid bringing settlement discussion resort courts without setting lengthy legislative history preceded passage measure sufficient say satisfied act shows clearly structure language disputes basically relating eligibility candidates office fall squarely within title iv act resolved administrative judicial procedures set title emphasis added respect litigation union members legislative history supports conclusion congress intended prevent members pressing claims thought meritorious secretary litigating forums times different chosen secretary think congress intended insulate union complaint appear meritorious complaining member secretary accordingly hold enforcement suit title iv imposes bar intervention union member long intervention limited claims illegality presented secretary complaint omitted emphasis added congress reasons decided upon method protection right created selected precise machinery fashioned tool deemed suited end constitutional questions aside congress determine rights creates shall enforced switchmen union national mediation board respondent notified telephone secretary decided file suit set aside election app day respondent filed complaint labor department sent letter notifying secretary decision following manner pursuant sections act investigation conducted office based investigative findings determined consultation solicitor labor civil action set aside challenged election warranted therefore closing file case date brief respondent