U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart F— Labor-Management and Employee Relations › Chapter CHAPTER 71— LABOR-MANAGEMENT RELATIONS › Subchapter SUBCHAPTER III— GRIEVANCES, APPEALS, AND REVIEW

5 U.S.C. § 7123

Judicial review; enforcement

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(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 involves an unfair labor practice under section 7118 of this title, or(2)section 7112 of this title (involving an appropriate 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 transacts business or in the United States Court of Appeals for the District of Columbia.(b) The Authority may petition any appropriate United States court of appeals for the enforcement of any order of the Authority and for appropriate temporary relief or restraining order.(c) Upon the filing of a petition under subsection (a) of this section for judicial review or under subsection (b) of this section for enforcement, 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 restraining order) it considers just and proper, and may make and enter a decree affirming and enforcing, 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 operate 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 objection that has not been urged before the Authority, or its designee, shall be considered by the court, unless the failure or neglect to urge the objection is excused because of extraordinary circumstances. The findings of the Authority with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. If any person applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence in the hearing before the Authority, or its designee, the court may order the additional evidence to be taken before the Authority, or its designee, and to be made a part of the record. The Authority may modify its findings as to the facts, or make new findings by reason of additional evidence so taken and filed. The Authority shall file its modified or new findings, which, with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The Authority shall file its recommendations, if any, for the modification or setting aside of its original order. Upon the filing of the record with the court, the jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the judgment and decree shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28.(d) The Authority may, upon issuance of a complaint as provided in section 7118 of this title charging that any person has engaged in or is engaging in an unfair labor practice, petition any United States district court within any district in which the unfair labor practice in question is alleged to have occurred or in which such person resides or transacts business for appropriate temporary relief (including a restraining order). Upon the filing of the petition, the court shall cause notice thereof to be served upon the person, and thereupon shall have jurisdiction to grant any temporary relief (including a temporary restraining order) it considers just and proper. A court shall not grant any temporary relief under this section if it would interfere with the ability of the agency to carry out its essential functions or if the Authority fails to establish probable cause that an unfair labor practice is being committed.(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1213.)Statutory Notes and Related SubsidiariesEffective Date

Section effective 90 days after Oct. 13, 1978, see section 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) of this section suspended with respect to any matter which substantially impairs the implementation by the United States Forces of any treaty or agreement, including any minutes or understandings thereto, between the United States and the Government of the host nation, see section 1(a) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under section 7103 of this title.

Notes of Decisions
Cited in 362 cases (25 in the last 5 years), 1980–2025 · leading case: Nat'l Labor Relations Bd. Union v. Fed. Labor Relations Auth., 834 F.2d 191 (D.C. Cir. 1987).
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Nat'l Labor Relations Bd. Union v. Fed. Labor Relations Auth., 834 F.2d 191 (D.C. Cir. 1987). · cites it 8× “The Union appealed from the FLRA’s decision pursuant to 5 U.S.C. § 7123 (a). Rather than ask this court to substitute its original proposal for 5 C.”
Washington Gas Light Co. v. Pub. Serv. Comm'n, 982 A.2d 691 (D.C. 2009). · cites it 8× “In deciding that 5 U.S.C. § 7123 (c) creates a jurisdictional bar, the Supreme Court found it significant that the statute "speaks to courts, not *705 parties.”
Jacqueline A. Tommas Griffith v. Fed. Labor Relations Auth., 842 F.2d 487 (D.C. Cir. 1988). · cites it 5× “The district court granted the Authority’s motion for summary judgment, holding that 5 U.S.C. § 7123 (a) (1982) barred judicial review of non-constitutional claims, and that Griffith could not make out a colorable due process claim because she had no legitimate claim of…”
Am. Fed'n of Gov't Emps. v. Trump, 318 F. Supp. 3d 370 (D.C. Cir. 2018). · cites it 6× “See 5 U.S.C. § 7123 (a) (providing a right of appeal to "[a]ny person aggrieved by any final order of the Authority other than an order under" section 7112 or section 7122 of the FSLMRS); id.”
United States Dep't of Com., Pat. & Trademark Off. v. Fed. Labor Relations Auth., 672 F.3d 1095 (D.C. Cir. 2012). · cites it 18× “'" (quoting 5 U.S.C. § 7123 (a)(1))); see also Scott Air Force Base, 35 F.”
Equal Emp. Opportunity Comm'n v. Fed. Labor Relations Auth., Am. Fed'n of Gov't Employees, Afl-Cio, Etc., Intervenor, 744 F.2d 842 (D.C. Cir. 1984). · cites it 7× “We have jurisdiction pursuant to 5 U.S.C. § 7123 . 10 II. Standard of Review The Act provides that the Authority’s rulings are reviewable in accordance with section 10(e) of the Administrative Procedure Act (APA), 5 U.”
Am. Fed'n of Govt. v. Donald Trump, 929 F.3d 748 (D.C. Cir. 2019). · cites it 2× “The statutory scheme provides that the courts of appeals "shall have jurisdiction of the [FLRA] proceeding and of the question determined therein" and "may make and enter a decree affirming and enforcing, modifying and enforcing as so modified, or setting aside in whole or in…”
Nat'l Labor Relations Bd. v. Fed. Labor Relations Auth., Nat'l Labor Relations Bd. Union, Intervenor, 2 F.3d 1190 (D.C. Cir. 1993). · cites it 5× “The NLRB now petitions for review of the FLRA’s negotiability ruling pursuant to 5 U.S.C. § 7123 (a). The FLRA has cross-petitioned for enforcement of its order, see id.”
Dep't of the Treasury, Internal Revenue Serv. v. Fed. Labor Relations Auth., Nat'l Treasury Employees Union, Intervenor, 707 F.2d 574 (D.C. Cir. 1983). · cites it 5× “See 5 U.S.C. § 7123 (c); 5 C.F.R. § 2424.6 (a)(2).”
Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 754 F.3d 1031 (D.C. Cir. 2014). · cites it 4× “5 U.S.C. § 7123 (a) (emphasis added). Given that the Authority’s decision on review of the arbitrator’s award plainly involves an unfair labor practice allegedly committed by the IRS, see Overseas Educ.”
Nat'l Fed'n of Fed. Employees, Local 1263 v. Commandant, Def. Language Inst., 493 F. Supp. 675 (N.D. Cal. 1980). · cites it 5× “5 U.S.C. § 7123 (a). Second, it provides that the FLRA may petition a circuit court of appeals for enforcement of its orders and for appropriate temporary relief or restraining order.”
Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 745 F.3d 1219 (D.C. Cir. 2014). · cites it 3× “1983)); see 5 U.S.C. § 7123 (a)(1). Here, the Authority’s reversal of the Arbitrator’s unfair labor practice finding clearly involves an unfair labor practice.”
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5 U.S.C. § 7123(a): 2 cases
McBryde v. Comm. to Review Circuit Council Conduct & Disability Orders of the Jud. Conf. of the United States, 264 F.3d 52 (D.C. Cir. 2001).
Nat'l Labor Relations Bd. Union v. Fed. Labor Relations Auth., 834 F.2d 191 (D.C. Cir. 1987). “The Union appealed from the FLRA’s decision pursuant to 5 U.S.C. § 7123 (a). Rather than ask this court to substitute its original proposal for 5 C.”
5 U.S.C. § 7123(c): 4 cases
Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 466 F.3d 1079 (D.C. Cir. 2006).
Am. Fed'n of Gov't Employees, Afl-Cio v. Fed. Labor Relations Auth., Nat'l Treasury Employees Union, Intervenor, 840 F.2d 947 (D.C. Cir. 1988).
United States Dep't of Energy v. Fed. Labor Relations Auth., 880 F.2d 1163 (10th Cir. 1989).
Natl Treas Empl v. FLRA, No. 05-1405 (D.C. Cir. Oct. 27, 2006).
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