A 1980 Federal Labor Relations Authority (FLRA) (defendant) regulation limited a union's remedies if a federal agency violated its statutory duty to bargain with the union. The time for challenging the FLRA's issuance of this regulation was statutorily limited to 60 days. Long after expiration of the 60-day period, in 1985, the National Labor Relations Board Union (NLRBU) (plaintiff) asked the FLRA to modify the regulation. The NLRBU argued that the regulation was inconsistent with the authorizing statute. The FLRA denied the modification request. The NLRBU appealed the FLRA's denial of the modification request to the United States Court of Appeals for the District of Columbia Circuit.