§ 4109. — Judicial review and enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4109]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER X--LABOR-MANAGEMENT RELATIONS
Sec. 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
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.
(Pub. L. 96-465, title I, Sec. 1009, Oct. 17, 1980, 94 Stat. 2133.)
