What is the test for a motion seeking to overturn a rule or policy requiring the US Department of Labor to provide equal pay and conditions for employees in the nuclear industry?

Plaintiffs contend that their action raises constitutional issues that are inappropriate for resolution by an administrative agency. See Susquehanna Valley Alliance v. Three Mile Island Nuclear Reactor, 619 F.2d 231, 245 (3rd Cir.1980), cert. denied, 449 U.S. 1096, 101 S.Ct. 893, 66 L.Ed.2d 824 (1981). But the crafting of a rule or policy providing for fairness to employees while maintaining safety in the nuclear industry is one that entails many technical as well as constitutional considerations.