§7123 Judicial Review; Enforcement

Summary

A person hurt by a final order of the Authority can ask a U.S. court of appeals to review it, except for orders under section 7122 (arbitrator awards) unless they involve an unfair labor practice under section 7118, or orders under section 7112 (unit decisions). The Authority can also ask a court of appeals to enforce its orders or to get temporary relief or a restraining order. When a petition is filed, the Authority must give the court the official record under 28 U.S.C. 2112. The court will notify the parties. The court can grant temporary relief, and it can affirm, change, or set aside the Authority’s order. Filing for review does not pause the Authority’s order unless the court says so. The court reviews the case on the record under section 706. The court usually will not hear objections not raised earlier unless there are extraordinary reasons. The Authority’s factual findings are final if supported by enough evidence in the record. If someone asks to add new evidence, the court can send it back to the Authority to be added, and the Authority can change its findings and file them. Once the record is filed, the court’s judgment is final except for possible Supreme Court review under 28 U.S.C. 1254. If the Authority files a complaint under section 7118 saying someone committed an unfair labor practice, it can go to a U.S. district court where the act happened or where the person lives or does business to seek temporary relief, including a restraining order. The court will notify the person and may grant temporary relief only if it will not stop the agency from doing its essential work and if the Authority shows probable cause that an unfair labor practice is occurring.