2 USC 1407 - Judicial review of Board decisions and enforcement

U.S Code last checked for updates: May 03, 2024

§ 1407.

Judicial review of Board decisions and enforcement

(a)

Jurisdiction

(1)

Judicial review

The United States Court of Appeals for the Federal Circuit shall have jurisdiction over any proceeding commenced by a petition of—

(A)

a party aggrieved by a final decision of the Board under section 1406(e) of this title in cases arising under part A of subchapter II,

(B)

a charging individual or a respondent before the Board who files a petition under section 1331(d)(4) of this title,

(C)

the General Counsel or a respondent before the Board who files a petition under section 1341(c)(5) of this title, or

(D)

the General Counsel or a respondent before the Board who files a petition under section 1351(c)(3) of this title.

The court of appeals shall have exclusive jurisdiction to set aside, suspend (in whole or in part), to determine the validity of, or otherwise review the decision of the Board.

(2)

Enforcement

(b)

Procedures

(1)

Respondents

(A)

In any proceeding commenced by a petition filed under subsection (a)(1)(A) or (B), or filed by a party other than the General Counsel under subsection (a)(1)(C) or (D), the Office shall be named respondent and any party before the Board may be named respondent by filing a notice of election with the court within 30 days after service of the petition.

(B)

In any proceeding commenced by a petition filed by the General Counsel under subsection (a)(1)(C) or (D), the prevailing party in the final decision entered under section 1406(e) of this title shall be named respondent, and any other party before the Board may be named respondent by filing a notice of election with the court within 30 days after service of the petition.

(C)

In any proceeding commenced by a petition filed under subsection (a)(2), the party under section 1405 or 1406 of this title that the General Counsel determines has failed to comply with a final decision under section 1405(g) or 1406(e) of this title shall be named respondent.

(2)

Intervention

(c)

Law applicable

Chapter 158 of title 28 shall apply to judicial review under paragraph (1) of subsection (a), except that—

(1)

with respect to section 2344 of title 28, service of a petition in any proceeding in which the Office is a respondent shall be on the General Counsel rather than on the Attorney General;

(2)

the provisions of section 2348 of title 28, on the authority of the Attorney General, shall not apply;

(3)

the petition for review shall be filed not later than 90 days after the entry in the Office of a final decision under section 1406(e) of this title; and

(4)

the Office shall be an “agency” as that term is used in chapter 158 of title 28.

(d)

Standard of review

To the extent necessary for decision in a proceeding commenced under subsection (a)(1) and when presented, the court shall decide all relevant questions of law and interpret constitutional and statutory provisions. The court shall set aside a final decision of the Board if it is determined that the decision was—

(1)

arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law;

(2)

not made consistent with required procedures; or

(3)

unsupported by substantial evidence.

(e)

Record

(Pub. L. 104–1, title IV, § 407, Jan. 23, 1995, 109 Stat. 35.)

cite as: 2 USC 1407