RESPONDENT: New York Department of Labor
LOCATION: The Miami Herald
DOCKET NO.: 72-5704
DECIDED BY: Burger Court (1972-1975)
CITATION: 414 US 614 (1974)
ARGUED: Nov 13, 1973
DECIDED: Jan 21, 1974
E. Richard Larson - for appellants
Mark L. Evans - for appellees
Facts of the case
Media for Christian v. New York Department Of LaborAudio Transcription for Oral Argument - November 13, 1973 in Christian v. New York Department Of Labor
Audio Transcription for Opinion Announcement - January 21, 1974 in Christian v. New York Department Of Labor
Warren E. Burger:
Thank you, Mr. Justice White.
The judgments and opinions in 72-5704, Christian against New York State Department of Labor and a second case 72-1019 Sea-Land Services against Gaudet will each be announced by Mr. Justice Brennan.
William J. Brennan, Jr.:
In the Christian case, first one, two discharged federal probationary employees claimed that in violation of statue and the constitutional process, they were denied unemployment compensation without a hearing on the question of the factual basis for their discharges.
A three-judge court of the Southern district of New York dismissed the suit without addressing the statutory or constitutional claims.
We vacate the dismissal and remand to the District Court for determination whether appellants should be permitted to invoke administrative procedure for the review of the factual basis for their discharges, these procedures being provided by regulation of the Secretary of Labor.