US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 5USC7123]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
                 CHAPTER 71--LABOR-MANAGEMENT RELATIONS
 
             SUBCHAPTER III--GRIEVANCES, APPEALS, AND REVIEW
 
Sec. 7123. Judicial review; enforcement

    (a) Any person aggrieved by any final order of the Authority other 
than an order under--
        (1) section 7122 of this title (involving an award by an 
    arbitrator), unless the order involves an unfair labor practice 
    under section 7118 of this title, or
        (2) section 7112 of this title (involving an appropriate unit 
    determination),

may, during the 60-day period beginning on the date on which the order 
was issued, institute an action for judicial review of the Authority's 
order in the United States court of appeals in the circuit in which the 
person resides or transacts business or in the United States Court of 
Appeals for the District of Columbia.
    (b) The Authority may petition any appropriate United States court 
of appeals for the enforcement of any order of the Authority and for 
appropriate temporary relief or restraining order.
    (c) Upon the filing of a petition under subsection (a) of this 
section for judicial review or under subsection (b) of this section for 
enforcement, the Authority shall file in the court the record in the 
proceedings, as provided in section 2112 of title 28. Upon the filing of 
the petition, the court shall cause notice thereof to be served to the 
parties involved, and thereupon shall have jurisdiction of the 
proceeding and of the question determined therein and may grant any 
temporary relief (including a temporary restraining order) it considers 
just and proper, and may make and enter a decree affirming and 
enforcing, modifying and enforcing as so modified, or setting aside in 
whole or in part the order of the Authority. The filing of a petition 
under subsection (a) or (b) of this section shall not operate as a stay 
of the Authority's order unless the court specifically orders the stay. 
Review of the Authority's order shall be on the record in accordance 
with section 706 of this title. No objection that has not been urged 
before the Authority, or its designee, shall be considered by the court, 
unless the failure or neglect to urge the objection is excused because 
of extraordinary circumstances. The findings of the Authority with 
respect to questions of fact, if supported by substantial evidence on 
the record considered as a whole, shall be conclusive. If any person 
applies to the court for leave to adduce additional evidence and shows 
to the satisfaction of the court that the additional evidence is 
material and that there were reasonable grounds for the failure to 
adduce the evidence in the hearing before the Authority, or its 
designee, the court may order the additional evidence to be taken before 
the Authority, or its designee, and to be made a part of the record. The 
Authority may modify its findings as to the facts, or make new findings 
by reason of additional evidence so taken and filed. The Authority shall 
file its modified or new findings, which, with respect to questions of 
fact, if supported by substantial evidence on the record considered as a 
whole, shall be conclusive. The Authority shall file its 
recommendations, if any, for the modification or setting aside of its 
original order. Upon the filing of the record with the court, the 
jurisdiction of the court shall be exclusive and its judgment and decree 
shall be final, except that the judgment and decree shall be subject to 
review by the Supreme Court of the United States upon writ of certiorari 
or certification as provided in section 1254 of title 28.
    (d) The Authority may, upon issuance of a complaint as provided in 
section 7118 of this title charging that any person has engaged in or is 
engaging in an unfair labor practice, petition any United States 
district court within any district in which the unfair labor practice in 
question is alleged to have occurred or in which such person resides or 
transacts business for appropriate temporary relief (including a 
restraining order). Upon the filing of the petition, the court shall 
cause notice thereof to be served upon the person, and thereupon shall 
have jurisdiction to grant any temporary relief (including a temporary 
restraining order) it considers just and proper. A court shall not grant 
any temporary relief under this section if it would interfere with the 
ability of the agency to carry out its essential functions or if the 
Authority fails to establish probable cause that an unfair labor 
practice is being committed.

(Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat. 
1213.)


    Partial Suspension of Federal Service Labor-Management Relations

    Subsec. (b) of this section suspended with respect to any matter 
which substantially impairs the implementation by the United States 
Forces of any treaty or agreement, including any minutes or 
understandings thereto, between the United States and the Government of 
the host nation, see section 1(a) of Ex. Ord. No. 12391, Nov. 4, 1982, 
47 F.R. 50457, set out as a note under section 7103 of this title.

                  Section Referred to in Other Sections

    This section is referred to in title 2 section 1351; title 3 section 
431; title 22 section 4109; title 28 section 1296; title 38 section 
7422.