Section 1160.8 Of Chapter 6. Prevention Of Unfair Labor Practices And Judicial Review And Enforcement From California Labor Code >> Division 2. >> Part 3.5. >> Chapter 6.
1160.8
. Any person aggrieved by the 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 court of appeal having jurisdiction
over the county wherein 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
requesting that the order of the board be modified or set aside. Such
petition shall be filed with the court within 30 days from the date
of the issuance of the board's order. Upon the filing of such
petition, the court shall cause notice to be served upon the board
and thereupon shall have jurisdiction of the proceeding. The board
shall file in the court the record of the proceeding, certified by
the board within 10 days after the clerk's notice unless such time is
extended by the court for good cause shown. The court shall have
jurisdiction to grant to the board such temporary relief or
restraining order 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. The findings of the board with respect to questions of fact if
supported by substantial evidence on the record considered as a
whole shall in like manner be conclusive.
An order directing an election shall not be stayed pending review,
but such order may be reviewed as provided in Section 1158.
If the time for review of the board order has lapsed, and the
person has not voluntarily complied with the board's order, the board
may apply to the superior court in any county in which the unfair
labor practice occurred or wherein such person resides or transacts
business for enforcement of its order. If after hearing, the court
determines that the order was issued pursuant to procedures
established by the board and that the person refuses to comply with
the order, the court shall enforce such order by writ of injunction
or other proper process. The court shall not review the merits of the
order.