22 USC 4109 – Judicial review and enforcement
(a) Persons entitled to maintain action; time of filing; venue
Except as provided in section 4114(d) of this title, any person aggrieved by a final order of the Board may, during the 60-day period beginning on the date on which the order was issued, institute an action for judicial review of such order in the United States Court of Appeals for the District of Columbia.
(b) Enforcement of order; temporary relief or restraining order
Terms Used In 22 USC 4109
- Authority: means the Federal Labor Relations Authority, described in section 7104(a) of title 5. See 22 USC 4102
- Board: means the Foreign Service Labor Relations Board, established by section 4106(a) of this title. See 22 USC 4102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of State, except that with reference to the exercise of functions under this chapter with respect to another agency authorized by law to utilize the Foreign Service personnel system, such term means that other agency. See 22 USC 3902
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means an individual, a labor organization, or an agency to which this subchapter applies. See 22 USC 4102
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- United States: when used in a geographic sense, means the several States and the District of Columbia. See 22 USC 3902
The Board may petition the United States Court of Appeals for the District of Columbia for the enforcement of any order of the Board under this subchapter and for any appropriate temporary relief or restraining order.
(c) Applicability of other provisions of law
Subsection (c) of section 7123 of title 5 shall apply to judicial review and enforcement of actions by the Board in the same manner that it applies to judicial review and enforcement of actions of the Authority under chapter 71 of title 5.
(d) Unfair labor practices
The Board may, upon issuance of a complaint as provided in section 4116 of this title charging that any person has engaged in or is engaging in an unfair labor practice, petition the United States District Court for the District of Columbia, 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 Department to carry out its essential functions or if the Board fails to establish probable cause that an unfair labor practice is being committed.