§7123 Judicial review; enforcement

Summary

People upset by a final order from the Authority can ask a United States court of appeals to review it, except for orders under section 7122 (arbitrator awards) unless that order involves an unfair labor practice under section 7118, and except for orders under section 7112 (unit determinations). The Authority can also ask a court of appeals to enforce its orders or to get temporary relief. When a petition is filed, the Authority must file the official record under 28 U.S.C. 2112. The court will notify the parties, may give temporary relief, and can affirm, change, or set aside the Authority’s order. Filing a petition does not automatically pause the Authority’s order unless the court orders a stay. The court reviews the record under section 706, generally won’t hear objections not raised earlier unless there are extraordinary reasons, and will treat the Authority’s factual findings as final if supported by substantial evidence. The court may allow new evidence if it is important and there was a good reason it wasn’t submitted earlier; the Authority can then revise its findings. Once the record is filed, the court’s judgment is final except for Supreme Court review under section 1254. If the Authority files a complaint under section 7118 claiming someone committed an unfair labor practice, it may seek temporary relief (including a restraining order) in a U.S. district court where the act happened or where the person lives or does business. The court will give notice and may grant temporary relief, but it must not do so if that relief would stop the agency from doing its essential work or if the Authority cannot show probable cause of an unfair labor practice.