|
U.S. Code as of:
01/19/04
Section 660. Judicial review
(a) Filing of petition by persons adversely affected or aggrieved;
orders subject to review; jurisdiction; venue; procedure;
conclusiveness of record and findings of Commission; appropriate
relief; finality of judgment
Any person adversely affected or aggrieved by an order of the
Commission issued under subsection (c) of section 659 of this title
may obtain a review of such order in any United States court of
appeals for the circuit in which the violation is alleged to have
occurred or where the employer has its principal office, or in the
Court of Appeals for the District of Columbia Circuit, by filing in
such court within sixty days following the issuance of such order a
written petition praying that the order be modified or set aside. A
copy of such petition shall be forthwith transmitted by the clerk
of the court to the Commission and to the other parties, and
thereupon the Commission shall file in the court the record in the
proceeding as provided in section 2112 of title 28. Upon such
filing, the court shall have jurisdiction of the proceeding and of
the question determined therein, and shall have power to grant such
temporary relief or restraining order as it deems just and proper,
and to make and enter upon the pleadings, testimony, and
proceedings set forth in such record a decree affirming, modifying,
or setting aside in whole or in part, the order of the Commission
and enforcing the same to the extent that such order is affirmed or
modified. The commencement of proceedings under this subsection
shall not, unless ordered by the court, operate as a stay of the
order of the Commission. No objection that has not been urged
before the Commission shall be considered by the court, unless the
failure or neglect to urge such objection shall be excused because
of extraordinary circumstances. The findings of the Commission with
respect to questions of fact, if supported by substantial evidence
on the record considered as a whole, shall be conclusive. If any
party shall apply to the court for leave to adduce additional
evidence and shall show to the satisfaction of the court that such
additional evidence is material and that there were reasonable
grounds for the failure to adduce such evidence in the hearing
before the Commission, the court may order such additional evidence
to be taken before the Commission and to be made a part of the
record. The Commission may modify its findings as to the facts, or
make new findings, by reason of additional evidence so taken and
filed, and it shall file such modified or new findings, which
findings with respect to questions of fact, if supported by
substantial evidence on the record considered as a whole, shall be
conclusive, and its recommendations, if any, for the modification
or setting aside of its original order. Upon the filing of the
record with it, the jurisdiction of the court shall be exclusive
and its judgment and decree shall be final, except that the same
shall be subject to review by the Supreme Court of the United
States, as provided in section 1254 of title 28.
(b) Filing of petition by Secretary; orders subject to review;
jurisdiction; venue; procedure; conclusiveness of record and
findings of Commission; enforcement of orders; contempt
proceedings
The Secretary may also obtain review or enforcement of any final
order of the Commission by filing a petition for such relief in the
United States court of appeals for the circuit in which the alleged
violation occurred or in which the employer has its principal
office, and the provisions of subsection (a) of this section shall
govern such proceedings to the extent applicable. If no petition
for review, as provided in subsection (a) of this section, is filed
within sixty days after service of the Commission's order, the
Commission's findings of fact and order shall be conclusive in
connection with any petition for enforcement which is filed by the
Secretary after the expiration of such sixty-day period. In any
such case, as well as in the case of a noncontested citation or
notification by the Secretary which has become a final order of the
Commission under subsection (a) or (b) of section 659 of this
title, the clerk of the court, unless otherwise ordered by the
court, shall forthwith enter a decree enforcing the order and shall
transmit a copy of such decree to the Secretary and the employer
named in the petition. In any contempt proceeding brought to
enforce a decree of a court of appeals entered pursuant to this
subsection or subsection (a) of this section, the court of appeals
may assess the penalties provided in section 666 of this title, in
addition to invoking any other available remedies.
(c) Discharge or discrimination against employee for exercise of
rights under this chapter; prohibition; procedure for relief
(1) No person shall discharge or in any manner discriminate
against any employee because such employee has filed any complaint
or instituted or caused to be instituted any proceeding under or
related to this chapter or has testified or is about to testify in
any such proceeding or because of the exercise by such employee on
behalf of himself or others of any right afforded by this chapter.
(2) Any employee who believes that he has been discharged or
otherwise discriminated against by any person in violation of this
subsection may, within thirty days after such violation occurs,
file a complaint with the Secretary alleging such discrimination.
Upon receipt of such complaint, the Secretary shall cause such
investigation to be made as he deems appropriate. If upon such
investigation, the Secretary determines that the provisions of this
subsection have been violated, he shall bring an action in any
appropriate United States district court against such person. In
any such action the United States district courts shall have
jurisdiction, for cause shown to restrain violations of paragraph
(1) of this subsection and order all appropriate relief including
rehiring or reinstatement of the employee to his former position
with back pay.
(3) Within 90 days of the receipt of a complaint filed under this
subsection the Secretary shall notify the complainant of his
determination under paragraph (2) of this subsection.
|
|