Section 707. Judicial review  


Latest version.
  • 1. The board shall have power to petition the
      supreme court of the state within the county wherein  the  unfair  labor
      practice  in  question  occurred  or wherein any person charged with the
      unfair labor practice resides or transacts business, or if such court be
      on vacation or in recess, then  to  the  supreme  court  of  any  county
      adjoining  the  county  wherein  the  unfair  labor practice in question
      occurred or wherein any person charged with the  unfair  labor  practice
      resides or transacts business, for the enforcement of such order and for
      appropriate temporary relief or restraining order, and shall certify and
      file  in  the court a transcript of the entire record in the proceeding,
      including the pleadings and testimony upon which such order was made and
      the findings and order of the board. Upon such filing, the  court  shall
      cause  notice thereof to be served upon such person, and thereupon 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
      transcript a decree enforcing, modifying, and enforcing as so  modified,
      or setting aside in whole or in part the order of the board.
        2.  No objection that has not been urged before the board, its member,
      agent or agency, 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 board as to the facts,  if  supported
      by  evidence,  shall  be  conclusive. If either 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 board, its member, agent, or agency,
      the court may order such additional evidence  to  be  taken  before  the
      board,  its  member,  agent,  or  agency,  and  to be made a part of the
      transcript. The board may modify its finding 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,  if  supported  by
      evidence,  shall  be  conclusive, and shall file its recommendations, if
      any, for the modification or setting aside of its original order.
        3. The jurisdiction of the supreme court shall be  exclusive  and  its
      judgment and decree shall be final, except that appeals shall lie to the
      appellate  division  of  said  court and to the court of appeals, in the
      manner and subject to the limitations provided in the civil practice act
      irrespective of the nature of the  decree  or  judgment  or  the  amount
      involved.
        4.  Any  person  aggrieved  by  a final order of the board granting or
      denying in whole or in part the relief sought may  obtain  a  review  of
      such  order  in  the  supreme court of the county where the unfair labor
      practice in question was alleged to have been engaged in or wherein such
      person resides or transacts business by filing in such court  a  written
      petition  praying  that the order of the board be modified or set aside,
      or if such court be on vacation or in recess, then to the supreme  court
      of  any county adjoining the county wherein the unfair labor practice in
      question occurred  or  wherein  any  such  person  resides  or  tranacts
      business.  A  copy  of  such petition shall be forthwith served upon the
      board, and thereupon the aggrieved party  shall  file  in  the  court  a
      transcript  of  the  entire  record  in the proceeding, certified by the
      board, including the pleading and testimony and order of the board. Upon
      such filing, the court shall proceed in the same manner as in  the  case
      of  an  application  by the board under subdivision one of this section,
      and shall have the same exclusive jurisdiction to  grant  to  the  board
      such  temporary relief or restraining order as it deems just and proper,
    
      and in like manner to make and enter a decree enforcing,  modifying  and
      enforcing as so modified, or setting aside in whole or in part the order
      of  the  board;  and  the findings of the board as to the facts shall in
      like manner be conclusive.
        5.  The commencement of proceedings under subdivisions one and four of
      this section shall  not,  unless  specifically  ordered  by  the  court,
      operate as a stay of the board's order.
        6.  When granting appropriate temporary relief or a restraining order,
      or making and entering a decree enforcing, modifying and enforcing as so
      modified or setting aside in whole or in part an order of the board,  as
      provided  in  this section, the jurisdiction of courts sitting in equity
      shall not be limited  by  acts  pertaining  to  equity  jurisdiction  of
      courts.
        7. Petitions filed under this article shall be heard expeditiously and
      shall  be  considered  and determined upon the transcript filed, without
      requirement of printing. Upon the filing of  a  record  in  the  supreme
      court,  the  case  shall be heard with greatest possible expedition, and
      shall take precedence over all other matters except matters of the  same
      character.