Whether the D.C. Circuit lawfully affirmed the National Labor Relations Board's new rule

QUESTION PRESENTED Whether the D.C. Circuit lawfully affirmed the National Labor Relations Board’s new rule—categorically barring the application of judicial estoppel to prevent the Board from exercising jurisdiction over a labor union even where, as here, the union’s misconduct is evident and the agency’s credibility is at stake—despite the fact that the rule lacks any basis in precedent, logic or sound labor policy. @)