Sec. 407. Judicial review of board decisions and enforcement
549 words·~2 min read·
/bill/118/s/5168/is/section-407·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in paragraph (3), the United States Court of Appeals for the Federal Circuit shall have jurisdiction over any proceeding commenced by a petition of a party aggrieved by a final decision of the Board under section 406(e) in cases arising under subtitle A of title II. Except as provided in paragraph (3), the court of appeals shall have exclusive jurisdiction to set aside, suspend (in whole or in part), determine the validity of, or otherwise review the decision of the Board.
Except as provided in paragraph (3), the United States Court of Appeals for the Federal Circuit shall have jurisdiction over any petition of the General Counsel, filed in the name of the Office and at the direction of the Board, to enforce a final decision under section 405(g) or 406(e) with respect to a violation of subtitle A of title II. In the case of a proceeding in which the relevant employing unit is the United States Court of Appeals for the Federal Circuit, or the office of a judge, circuit executive, clerk, librarian, crier, staff attorney, or senior technical assistant thereof, the powers of judicial review and enforcement provided under paragraphs
(1)and
(2)shall be exercised by the United States Court of Appeals for the District of Columbia Circuit. In any proceeding commenced by a petition filed under subsection (a)(1), 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. In any proceeding commenced by a petition filed under subsection (a)(2), the party under section 405 or 406 that the General Counsel determines has failed to comply with a final decision under section 405(g) or 406(e) shall be named respondent. Any party that participated in the proceedings before the Board under section 406 and that was not made respondent under paragraph
(1)may intervene as of right. Chapter 158 of title 28, United States Code, shall apply to judicial review under paragraph
(1)of subsection (a), except that— with respect to section 2344 of such title, 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; the provisions of section 2348 of such title, on the authority of the Attorney General, shall not apply; the petition for review shall be filed not later than 90 days after the entry in the Office of a final decision under section 406(e); and the Office shall be an agency as that term is used in chapter 158 of such title. 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— arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law; not made consistent with required procedures; or unsupported by substantial evidence. In making determinations under subsection (d), the court shall review the whole record, or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.