National Labor Relations Board Union v. Federal Labor Relations Authority
United States Court of Appeals for the District of Columbia Circuit
834 F.2d 191 (1987)
Relevant factsFree
The Federal Labor Relations Authority (FLRA) (defendant) issued a 1980 regulation limiting union remedies for an agency's failure to bargain, subject to a 60-day statute of limitations for direct challenges. In 1985, well after that period expired, the National Labor Relations Board Union (NLRBU) (plaintiff) asked the FLRA to modify the regulation as inconsistent with its authorizing statute; the FLRA denied the request, and the NLRBU appealed that denial to the D.C. Circuit.
IssueFree
Whether a party can indirectly challenge the validity of a federal agency's regulation after the statute of limitations for directly challenging that regulation has expired.
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