5 U.S.C. § 7122 — Exceptions to arbitral awards

Page 872 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7122 (A) the remedy described in paragraph (3)(A) if such person has timely filed a notice of ap- peal under the applicable appellate procedures; (B) the remedy described in paragraph (3)(B) if such person has timely filed a grievance in writing, in accordance with the provisions of the parties’ negotiated procedure; or (C) the remedy described in paragraph (3)(C) if such person has sought corrective action from the Office of Special Counsel by making an allegation under section 1214(a)(1). (h) Settlements and awards under this chapter shall be subject to the limitations in section 5596(b)(4) of this title. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1211; amended Pub. L. 103–424, § 9, Oct. 29, 1994, 108 Stat. 4365; Pub. L. 105–261, div. A, title XI, § 1104(b), Oct. 17, 1998, 112 Stat. 2142.) Editorial Notes AMENDMENTS 1998—Subsec. (h). Pub. L. 105–261 added subsec. (h). 1994—Subsec. (a)(1). Pub. L. 103–424, § 9(c), substituted ‘‘(d), (e), and (g)’’ for ‘‘(d) and (e)’’ and inserted ‘‘admin- istrative’’ after ‘‘exclusive’’. Subsec. (b). Pub. L. 103–424, § 9(a), designated existing provisions as par. (1) and redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, and subpars. (A) to (C) of former par. (3) as cls. (i) to (iii) of subpar. (a)(1)(C), respectively, and added par. (2). Subsec. (g). Pub. L. 103–424, § 9(b), added subsec. (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 13, 1978, see sec- tion 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. PARTIAL SUSPENSION OF FEDERAL SERVICE LABOR- MANAGEMENT RELATIONS Subsec. (b)(3)(C) of this section suspended with re- spect to any grievance involving the implementation by the United States Forces of any treaty or agree- ment, including any minutes or understandings there- to, between the United States and the Government of the host nation, see section 1(d) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under sec- tion 7103 of this title. § 7122. Exceptions to arbitral awards (a) Either party to arbitration under this chapter may file with the Authority an excep- tion to any arbitrator’s award pursuant to the arbitration (other than an award relating to a matter described in section 7121(f) of this title). If upon review the Authority finds that the award is deficient— (1) because it is contrary to any law, rule, or regulation; or (2) on other grounds similar to those applied by Federal courts in private sector labor-man- agement relations; the Authority may take such action and make such recommendations concerning the award as it considers necessary, consistent with applica- ble laws, rules, or regulations. (b) If no exception to an arbitrator’s award is filed under subsection (a) of this section during the 30-day period beginning on the date the award is served on the party, the award shall be final and binding. An agency shall take the ac- tions required by an arbitrator’s final award. The award may include the payment of backpay (as provided in section 5596 of this title). (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1212; amended Pub. L. 98–224, § 4, Mar. 2, 1984, 98 Stat. 48.) Editorial Notes AMENDMENTS 1984—Subsec. (b). Pub. L. 98–224 amended subsec. (b) generally, substituting ‘‘beginning on the date the award is served on the party’’ for ‘‘beginning on the date of such award’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 13, 1978, see sec- tion 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. § 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 (involving an award by an arbitrator), unless the order in- volves an unfair labor practice under section 7118 of this title, or (2) section 7112 of this title (involving an ap- propriate 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 trans- acts business or in the United States Court of Appeals for the District of Columbia. (b) The Authority may petition any appro- priate United States court of appeals for the en- forcement of any order of the Authority and for appropriate temporary relief or restraining order. (c) Upon the filing of a petition under sub- section (a) of this section for judicial review or under subsection (b) of this section for enforce- ment, the Authority shall file in the court the record in the proceedings, as provided in section 2112 of title 28. 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 re- straining order) it considers just and proper, and may make and enter a decree affirming and en- forcing, modifying and enforcing as so modified, or setting aside in whole or in part the order of the Authority. The filing of a petition under subsection (a) or (b) of this section shall not op- erate as a stay of the Authority’s order unless the court specifically orders the stay. Review of the Authority’s order shall be on the record in accordance with section 706 of this title. No ob- jection that has not been urged before the Au- thority, or its designee, shall be considered by the court, unless the failure or neglect to urge the objection is excused because of extraor- dinary circumstances. The findings of the Au- thority with respect to questions of fact, if sup-