Author Question: Do procedures exist for the executive branch to intervene in a railway labor dispute and interrupt ... (Read 59 times)

colton

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Do procedures exist for the executive branch to intervene in a railway labor dispute and interrupt any self-help measures that may be disrupting essential transportation services?

Question 2

Did the Court find that the Treasury Department's interpretation is based on a permissible construction of the statute under Chevron's second step?



Sassygurl126

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Answer to Question 1

Yes. Section 10 of the RLA provides a mechanism for the executive branch to intervene by involving an Emergency Board, with Congress ultimately having the power to enforce the Board's recommendations.

Answer to Question 2

The rule easily satisfies Chevron's second step. Regulation, like legislation, often requires drawing lines. The Department reasonably sought to distinguish between workers who study and students who work. Focusing on the hours spent working and those spent in studies is a sensible way to accomplish the goal. The Department thus has drawn a distinction between education and service, not between classroom instruction and hands-on training. The Treasury Department also reasonably concluded that its full-time employee rule would improve administrability..



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