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22 U.S.C. § 4109 — Judicial review and enforcement

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4114/d&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7123&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4116&num=0&edition=prelim) 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

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Stable record: federal_law:legal_authorities:record_usc_abd06fbfdebb0c4633cef86c
Source file: Laws/federal/codes/united-states-code/title-22/section-4109-judicial-review-and-enforcement--8a2a0f9799.md
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Source location: Title 22, Chapter 52, § 4109; chapter-052-foreign-service.md

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**(a) Persons entitled to maintain action; time of filing; venue** Except as provided in [section 4114(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4114/d&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7123&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4116&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4116 — Prevention of unfair labor practices

**(a) Investigation by General Counsel; issuance of complaint; statement of reasons** If the Department or labor organization is charged by any person with having engaged in or engaging in an unfair labor practice, the General Counsel shall investigate the charge and may issue and cause to be served upon the Department or labor organization a complaint. In any case in which the General Counsel does not issue a complaint because the charge fails to state an unfair labor practice, the General Counsel shall provide the person making the charge a written statement of the reasons for not issuing a complaint. **(b) Notice in complaint** Any complaint under subsection (a) shall contain a notice— (1) of the charge; (2) that a hearing will be held before the Board (or any member thereof or before an individual employed by the Board and designated for such purpose); and (3) of the time and place fixed for the hearing. **(c) Answer; personal appearance** The labor organization or Department involved shall have the right to file an answer to the original and any amended complaint and to appear in person or otherwise and give testimony at the time and place fixed in the complaint for the hearing. **(d) Time of filing of charges** (1) Except as provided in paragraph (2), no complaint shall be issued based on any alleged unfair labor practice which occurred more than 6 months before the filing of the charge with the Board. (2) If the General Counsel determines that the person filing any charge was prevented from filing the charge during the 6-month period referred to in paragraph (1) by reason of— (A) any failure of the Department or labor organization against which the charge is made to perform a duty owed to the person, or (B) any concealment which prevented discovery

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7123 — Judicial review; enforcement

**(a)** Any person aggrieved by any final order of the Authority other than an order under— (1) [section 7122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7122&num=0&edition=prelim) (involving an award by an arbitrator), unless the order involves an unfair labor practice under [section 7118 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7118&num=0&edition=prelim), or (2) [section 7112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7112&num=0&edition=prelim) (involving an appropriate unit determination), may, during the 60-day period beginning on the date on which the order was issued, institute an action for judicial review of the Authority’s order in the United States court of appeals in the circuit in which the person resides or transacts business or in the United States Court of Appeals for the District of Columbia. **(b)** The Authority may petition any appropriate United States court of appeals for the enforcement of any order of the Authority and for appropriate temporary relief or restraining order. **(c)** Upon the filing of a petition under subsection (a) of this section for judicial review or under subsection (b) of this section for enforcement, the Authority shall file in the court the record in the proceedings, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). Upon the filing of the petition, the court shall cause notice thereof to be served to the parties involved, and thereupon shall have jurisdiction of the proceeding and of the question determined therein and may grant any temporary relief (including a temporary restraining ord

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7123

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4109 — Judicial review and enforcement

Page 1537 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4109 which this subchapter applies, and the exclusive representative (if any) of employees in each such agency. In the event of inability to obtain agree- ment on a nominee, the Chairperson shall ap- point the remaining 2 members from among in- dividuals the Chairperson considers knowledge- able in labor-management relations and the con- duct of foreign affairs. (b) Chairperson serving concurrently as Chair- man of Authority; length of terms; designa- tion of alternate Chairperson The Chairperson shall serve on the Board while serving as Chairman of the Authority. Of the 2 original members of the Board other than the Chairperson, one shall be appointed for a 2- year term and one shall be appointed for a 3- year term. Thereafter, each member of the Board other than the Chairperson shall be ap- pointed for a term of 3 years, except that an in- dividual appointed to fill a vacancy occurring before the end of a term shall be appointed for the unexpired term of the member replaced. The Chairperson may at any time designate an alter- nate Chairperson from among the members of the Authority. (c) Vacancies A vacancy on the Board shall not impair the right of the remaining members to exercise the full powers of the Board. (d) Holding other Government offices or posi- tions; compensation The members of the Board, other than the Chairperson, may not hold another office or po- sition in the Government except as authorized by law, and shall receive compensation at the daily equivalent of the rate payable for level V of the Executive Schedule under section 5316 of title 5 for each day they are performing their duties (including traveltime). (e) Removal of members The Chairperson may remove any other Boar

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4109

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