The Supreme Court should encourage Agency to seek certiorari. Administration's decision adverse to petitioner is easily supportable, but its explanation leaves much to be desired. B. remand for an acceptable explanation. C. if necessary, supply an acceptable explanation. D. remand for formal rule making.
Board can enjoin unfair practices after formal adjudication.
Its statute also seems to confer substantive rule making authority. A. Most courts would prefer that its new rule be made that way. B. Many courts would require Agency to use formal rulemaking. C. Most courts would prefer notice and comment rulemaking. Its new rule cannot apply retroactively.