Title 22 — Foreign Relations and Intercourse
Chapter 52 — Foreign Service
§ 4109. Judicial review and enforcement
Statutory text
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.
Enforcement of order; temporary relief or restraining order
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.
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 96–465 title I § 1009 · 94 Stat. 2071
Enacted · 22 U.S.C. § 4109
(Pub. L. 96–465, title I, § 1009, Oct. 17, 1980, 94 Stat. 2133.)
Source evidence
Code source credit
(Pub. L. 96–465, title I, § 1009, Oct. 17, 1980, 94 Stat. 2133.)Enacted provision · exact public law section
Sec. 1009. Judicial Review and Enforcement.— (a) Except as 22 USC 4109. provided in section 1014(d), 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) The Board may petition the United States Court of Appeals for Petition. the District of Columbia for the enforcement of any order of the Board under this chapter and for any appropriate temporary relief or restraining order. 5 USC 7101 el seq. Unfair labor practice, relief petition. (c) Subsection (c) of section 7123 of title 5, United States Code, 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, United States Code. (d) The Board may, upon issuance of a complaint as provided in section 1016 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.
1 of 1 references resolved to an enrolled provision