I meant that the law was so vague that it simply hands power to whoever is in charge. Sounds like Obamacare.
i guess i am so mired in administrative law that i am inured to it. administrative agencies have boards [like the NLRB, which is an independent agency and not a DOL agency] with the numbers of members split between dem/pub, with the deciding vote going to whatever party the administration belongs to. There is no way to have unfair labor practices defined so specifically as to cover everything conceivable. Statutory/regulatory criteria will define it and those will be argued one way or the other depending on who wants what to be considered an ULP. The story mentions caselaw going both ways. So you use the caselaw to support your side and the bias of the fact-finder will most likely determine which way they rule on any given situation, save the most egregious. that’s been my experience in 28 years of administrative law practice.