§ 707 — Judicial review

§ 707. Judicial review. 1. The board shall have power to petition the\nsupreme court of the state within the county wherein the unfair labor\npractice in question occurred or wherein any person charged with the\nunfair labor practice resides or transacts business, or if such court be\non vacation or in recess, then to the supreme court of any county\nadjoining the county wherein the unfair labor practice in question\noccurred or wherein any person charged with the unfair labor practice\nresides or transacts business, for the enforcement of such order and for\nappropriate temporary relief or restraining order, and shall certify and\nfile in the court a transcript of the entire record in the proceeding,\nincluding the pleadings and testimony upon which such order was made and\nthe findings and order of the board. Upon such filing, the court shall\ncause notice thereof to be served upon such person, and thereupon shall\nhave jurisdiction of the proceeding and of the question determined\ntherein, and shall have power to grant such temporary relief or\nrestraining order as it deems just and proper, and to make and enter\nupon the pleadings, testimony, and proceedings set forth in such\ntranscript a decree enforcing, modifying, and enforcing as so modified,\nor setting aside in whole or in part the order of the board.\n 2. No objection that has not been urged before the board, its member,\nagent or agency, shall be considered by the court, unless the failure or\nneglect to urge such objection shall be excused because of extraordinary\ncircumstances. The findings of the board as to the facts, if supported\nby evidence, shall be conclusive. If either party shall apply to the\ncourt for leave to adduce additional evidence and shall show to the\nsatisfaction of the court that such additional evidence is material and\nthat there were reasonable grounds for the failure to adduce such\nevidence in the hearing before the board, its member, agent, or agency,\nthe court may order such additional evidence to be taken before the\nboard, its member, agent, or agency, and to be made a part of the\ntranscript. The board may modify its finding as to the facts, or make\nnew findings, by reason of additional evidence so taken and filed, and\nit shall file such modified or new findings, which, if supported by\nevidence, shall be conclusive, and shall file its recommendations, if\nany, for the modification or setting aside of its original order.\n 3. The jurisdiction of the supreme court shall be exclusive and its\njudgment and decree shall be final, except that appeals shall lie to the\nappellate division of said court and to the court of appeals, in the\nmanner and subject to the limitations provided in the civil practice law\nand rules irrespective of the nature of the decree or judgment or the\namount involved.\n 4. Any person aggrieved by a final order of the board granting or\ndenying in whole or in part the relief sought may obtain a review of\nsuch order in the supreme court of the county where the unfair labor\npractice in question was alleged to have been engaged in or wherein such\nperson resides or transacts business by filing in such court a written\npetition praying that the order of the board be modified or set aside,\nor if such court be on vacation or in recess, then to the supreme court\nof any county adjoining the county wherein the unfair labor practice in\nquestion occurred or wherein any such person resides or transacts\nbusiness. A copy of such petition shall be forthwith served upon the\nboard, and thereupon the aggrieved party shall file in the court a\ntranscript of the entire record in the proceeding, certified by the\nboard, including the pleading and testimony and order of the board. Upon\nsuch filing, the court shall proceed in the same manner as in the case\nof an application by the board under subdivision one of this section,\nand shall have the same exclusive jurisdiction to grant to the board\nsuch temporary relief or restraining order as it deems just and proper,\nand in like manner to make and enter a decree enforcing, modifying and\nenforcing as so modified, or setting aside in whole or in part the order\nof the board; and the findings of the board as to the facts shall in\nlike manner be conclusive.\n 5. The commencement of proceedings under subdivisions one and four of\nthis section shall not, unless specifically ordered by the court,\noperate as a stay of the board's order.\n 6. When granting appropriate temporary relief or a restraining order,\nor making and entering a decree enforcing, modifying and enforcing as so\nmodified or setting aside in whole or in part an order of the board, as\nprovided in this section, the jurisdiction of courts sitting in equity\nshall not be limited by acts pertaining to equity jurisdiction of\ncourts.\n 7. Petitions filed under this article shall be heard expeditiously and\nshall be considered and determined upon the transcript filed, without\nrequirement of printing. Upon the filing of a record in the supreme\ncourt, the case shall be heard with greatest possible expedition, and\nshall take precedence over all other matters except matters of the same\ncharacter.\n