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This entry was published on 2014-09-22
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SECTION 707
Judicial review
Labor (LAB) CHAPTER 31, ARTICLE 20
§ 707. Judicial review. 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 law
and rules 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 transacts
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.