Prof. Hickman Quoted Regarding NLRB Challenge

Prof. Kristin Hickman was quoted by Bloomberg in an article discussing an AFL-CIO lawsuit filed March 6 claiming that the National Labor Relations Board violated the Administrative Procedure Act with a new regulation modifying the agency's procedures for union elections.  The agency relied on the procedural rule exception from public notice and comment procedures in adopting the regulation.  The article quoted Prof. Hickman's observation that the courts employ different standards in evaluating whether agency regulations are procedural rules:  "Depending on the rule, the D.C. Circuit and courts in general have invoked one or more different frames or snippets of rhetoric to describe the distinction between procedural and substantive."