Whole Foods Bid to Repel Union Swipes at Hobbled Labor Board

Whole Foods’ challenge to a recent union election win at a Philadelphia store has the potential to further cripple the National Labor Relations Board while it lacks a functioning quorum.

The Amazon-owned grocery chain told the regional director overseeing the case that she can’t certify the union’s win. The company argued against the validity of an NLRB regulation that delegates the board’s authority to certify election results to RDs in the absence of a quorum.

The regional director will likely reject that argument, labor law observers said. But Whole Foods Market Group Inc. could then go to federal court ...