§7123 Judicial Review; Enforcement

Summary

If you are unhappy with most final orders from the Authority (the agency that issues the orders), you can ask a U.S. court of appeals to review that order. You must file the review within 60 days from the date the order was issued. This does not apply to orders about arbitration awards or certain unit decisions, unless the arbitration order involves an unfair labor practice. The Authority can also ask a court of appeals to enforce its orders or to get temporary relief right away. When a review or enforcement case is filed, the Authority must send the court the full case record. The court will notify the parties and can give temporary relief, including a restraining order. It can confirm, change, or cancel the Authority’s order. Filing for review does not pause the order unless the court says so. The court reviews the case on the record under section 706. Issues not raised before the Authority won’t be considered unless there are extraordinary circumstances. The Authority’s factual findings are final if supported by substantial evidence. A court may allow extra evidence to be added and sent back to the Authority. Once the record is filed, the appeals court’s decision is final, except the Supreme Court may review it under section 1254. If the Authority files a complaint claiming an unfair labor practice, it may go to a U.S. district court where the act happened or where the person lives or does business to seek temporary relief. The district court can grant temporary relief only if it will not interfere with the Authority’s essential work and if the Authority shows probable cause of an unfair labor practice.