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the Authority may take such action and make such recommendatic. concerning the award as it considers necessary, consistent with app cable laws, rules, or regulations.

(b) If no exception to an arbitrator's award is filed under subse tion (a) of this section during the 30-day period beginning on the da of such award, the award shall be final and binding. An agency sh take the actions required by an arbitrator's final award. The awa may include the payment of backpay (as provided in section 5596 this title). (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1212.)

§ 7123. Judicial review; enforcement

(a) Any person aggrieved by any final order of the Authori other than an order under

(1) section 7122 of this title (involving an award by an ar trator), unless the order involves an unfair labor practice und section 7118 of this title, or

(2) section 7112 of this title (involving an appropriate ur determination),

may, during the 60-day period beginning on the date on which t order was issued, institute an action for judicial review of the Autho ity's order in the United States court of appeals in the circuit in whic the person resides or transacts business or in the United States Cou of Appeals for the District of Columbia.

(b) The Authority may petition any appropriate United Stat court of appeals for the enforcement of any order of the Authori and for appropriate temporary relief or restraining order.

(c) Upon the filing of a petition under subsection (a) of th section for judicial review or under subsection (b) of this section fo enforcement, the Authority shall file in the court the record in th proceedings, as provided in section 2112 of title 28. Upon the filing the petition, the court shall cause notice thereof to be served to th parties involved, and thereupon shall have jurisdiction of the proceed ing and of the question determined therein and may grant any ten porary relief (including a temporary restraining order) it consider just and proper, and may make and enter a decree affirming an enforcing, modifying and enforcing as so modified, or setting aside i whole or in part the order of the Authority. The filing of a petitio under subsection (a) or (b) of this section shall not operate as a sta of the Authority's order unless the court specifically orders the sta Review of the Authority's order shall be on the record in accordan with section 706 of this title. No objection that has not been urge before the Authority, or its designee, shall be considered by the cour unless the failure or neglect to urge the objection is excused becaus of extraordinary circumstances. The findings of the Authority wit respect to questions of fact, if supported by substantial evidence o the record considered as a whole, shall be conclusive. If any perso applies to the court for leave to adduce additional evidence and show to the satisfaction of the court that the additional evidence is materi and that there were reasonable grounds for the failure to adduce tl evidence in the hearing before the Authority, or its designee, the cour may order the additional evidence to be taken before the Authority, its designee, and to be made a part of the record. The Authority ma

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. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1213.)

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SUBCHAPTER IV-ADMINISTRATIVE AND OTHER PROVISIONS

§ 7131. Official time

(a) Any employee representing an exclusive representative in the negotiation of a collective bargaining agreement under this chapter shall be authorized official time for such purposes, including attendance at impasse proceeding, during the time the employee otherwise would be in a duty status. The number of employees for whom official time is authorized under this subsection shall not exceed the number of individuals designated as representing the agency for such purposes. (b) Any activities performed by any employee relating to the internal business of a labor organization (including the solicitation of membership, elections of labor organization officials, and collection of dues) shall be performed during the time the employee is in a nonduty status.

(c) Except as provided in subsection (a) of this section, the Authority shall determine whether any employee participating for, or on behalf of, a labor organization in any phase of proceedings before the Authority shall be authorized official time for such purpose during the time the employee otherwise would be in a duty status. (d) Except as provided in the preceding subsections of this section

(1) any employee representing an exclusive representative, or (2) in connection with any other matter covered by this chapter, any employee in an appropriate unit represented by an exclusive representative,

shall be granted official time in any amount the agency and the exclusive representative involved agree to be reasonable, necessary, and in the public interest. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1214.)

§ 7132. Subpenas

(a) Any member of the Authority, the General Counsel, or the Panel, any administrative law judge appointed by the Authority under section 3105 of this title, and any employee of the Authority designated by the Authority may

(1) issue subpenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the United States; and

(2) administer oaths, take or order the taking of depositions, order responses to written interrogatories, examine witnesses, and receive evidence.

No subpena shall be issued under this section which requires the disclosure of intramanagement guidance, advice, counsel, or training within an agency or between an agency and the Office of Personnel Management.

(b) In the case of contumacy or failure to obey a subpena issued under subsection (a) (1) of this section, the United States district court for the judicial district in which the person to whom the subpena is addressed resides or is served may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof.

(c) Witnesses (whether appearing voluntarily or under subpena) shall be paid the same fee and mileage allowances which are paid subpenaed witnesses in the courts of the United States. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1214.)

7133. Compilation and publication of data

(a) The Authority shall maintain a file of its proceedings and copies of all available agreements and arbitration decisions, and shall publish the texts of its decisions and the actions taken by the Panel under section 7119 of this title.

(b) All files maintained under subsection (a) of this section shall be open to inspection and reproduction in accordance with the provisions of sections 552 and 552a of this title. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1215.)

$7134. Regulations

The Authority, the General Counsel, the Federal Mediation and Conciliation Service, the Assistant Secretary of Labor for Labor Management Relations, and the Panel shall each prescribe rules and regulations to carry out the provisions of this chapter applicable to each of them, respectively. Provisions of subchapter II of chapter 5 of this title shall be applicable to the issuance, revision, or repeal of any such rule or regulation. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1215.) $7135. Continuation of existing laws, recognitions, agreements, and procedures

(a) Nothing contained in this chapter shall preclude

(1) the renewal or continuation of an exclusive recognition, certification of an exclusive representative, or a lawful agreement between an agency and an exclusive representative of its employees, which is entered into before the effective date of this chapter;

or

(2) the renewal, continuation, or initial according of recognition for units of management officials or supervisors represented by labor organizations which historically or traditionally represent management officials or supervisors in private industry and which hold exclusive recognition for units of such officials or supervisors in any agency on the effective date of this chapter. (b) Policies, regulations, and procedures established under and decisions issued under Executive Orders 11491, 11616, 11636, 11787, and 11838, or under any other Executive order, as in effect on the effective date of this chapter, shall remain in full force and effect until revised or revoked by the President, or unless superseded by specific provisions of this chapter or by regulations or decisions issued pursuant to this chapter. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1215.)

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SUBCHAPTER II-EMPLOYEES' RIGHT TO PETITION CONGRESS

7211. Employees' right to petition Congress.

SUBCHAPTER I-ANTIDISCRIMINATION IN

EMPLOYMENT

§ 7201. Antidiscrimination policy; minority recruitment program (a) For the purpose of this section

(1) "underrepresentation" means a situation in which the number of members of a minority group designation (determined by the Equal Employment Opportunity Commission in consultation with the Office of Personnel Management, on the basis of the policy set forth in subsection (b) of this section) within a category of civil service employment constitutes a lower percentage of the total number of employees within the employment category than the percentage that the minority constituted within the labor force of the United States, as determined under the most recent decennial or mid-decade census, or current population survey, under title 13, and

(2) "category of civil service employment" means

(A) each grade of the General Schedule described in section 5104 of this title;

(B) each position subject to subchapter IV of chapter 53 of this title;

(C) such occupational, professional, or other groupings (including occupational series) within the categories established under subparagraphs (Á) and (B) of this paragraph as the Office determines appropriate.

(b) It is the policy of the United States to insure equal employment opportunities for employees without discrimination because of race, color, religion, sex, or national origin. The President shall use his existing authority to carry out this policy.

(c) Not later than 180 days after the date of the enactment of the Civil Service Reform Act of 1978, the Office of Personnel Management shall, by regulation, implement a minority recruitment program which shall provide, to the maximum extent practicable—

(1) that each Executive agency conduct a continuing program for the recruitment of members of minorities for positions in the

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