In Prill v. NLRB, 755 F.2d 941, 948 (D.C. Cir. 1985), the D.C. Circuit remanded a case to the agency because "a regulation [was] based on an incorrect view of applicable law."
Sustaining the Board's finding that the employer's rule broadly prohibiting wage discussions was an unfair labor practice under ยง 8, reasoning that "wage discussions can be protected activity and that an employer's unqualified rule barring such discussions has the tendency to inhibit such activity"