Imágenes de páginas
PDF
EPUB

12

i evidence so taken and filed, and it shall file such modified

2

or new findings, which findings with respect to questions 3 of fact if supported by substantial evidence on the record 4 considered as a whole shall be conclusive, and its recom

[ocr errors]

7

5 nendations, if any, for the modification or setting aside of 6 its original order.

“(7) The jurisdiction of the court shall be exclusive 8 and its judgment and decree shall be final, except that 9 the same shall be subject to review by the appropriate 10 United States court of appeals, if application was made to

[ocr errors][ocr errors]

11

the district court or other United States court as herein

12

above provided, and by the Supreme Court of the United States as provided in title 28, United States Code, section

[blocks in formation]

1254.

15

[ocr errors]

16

[ocr errors]

17

[ocr errors]

18

[ocr errors]

19

“ (j) Whenever a written charge has been filed pursuant to subsection (1) alleging that any respondent has engaged in any unlawful employment practice and, after preliminary investigation, the Commission has determined

that probable cause exists for crediting such written charge, 20

the Commission may petition any United States court of ap

peals or, if the court of appeals to which application might 22 be made is in vacation, any district court within any circuit

or district, respectively, wherein the unlawful employment 24

practice in question is alleged to have occurred, or wherein 25 the respondent resides or transacts business, for appropriate

21

23

13

1 injunctive relief pending the final adjudication of the Com

2 mission, or the securing of a voluntary agreement between 3 the parties under subsection (b), (e), or (g) of this sec4 tion, with respect to the matter in question. Upon the filing

5

of any such petition the court shall cause notice thereof to

6

10

12

be served upon the respondent and thereupon shall have 7 jurisdiction to grant such injunctive relief or temporary 8 restraining order as it deems just and proper. Such respond9 ent shall be given an opportunity to appear by counsel and

present any relevant testimony. Notwithstanding any other 11 provision of this subsection, a temporary restraining order

may be issued without notice if a petition alleges that sub13 stantial and irreparable injury to the alleged aggrieved party 14 will be unavoidable and any such temporary restraining 15 order shall be effective for no longer than five days and will 16 become void at the expiration of such period. 17

(k) (1) Any person or party aggrieved by a final 18 order of the Commission may obtain a review of such order 19 in any United States court of appeals of the judicial circuit 20 wherein the unlawful employment practice in question was 21 alleged to have been engaged in or wherein such person or

party resides or transacts business or the Court of Appeals for 23

the District of Columbia, by filing in such court a written petition praying that the order of the Commission be modi

22

24.

[ocr errors]

14

of the le

1 fied or set aside. A copy of such petition shall be forthwith
2 served upon the Commission and thereupon the aggrieved

[ocr errors][merged small]

3

party shall file in the court a transcript of the entire record 4 in the proceeding certified by the Commission, including the

[merged small][merged small][ocr errors][ocr errors][merged small][merged small]

5 pleadings and testimony upon which the order complained
6 of was entered and the findings and order of the Commis-
7 sion. Upon such filing, the court shall proceed in the same
8

manner as in the case of an application by the Commission
9 under subsection (i), and shall have the same exclusive
10 jurisdiction to grant to the petitioners or to the Commis-
11 sion such temporary relief or restraining order as it deems

just and proper, and in like manner to make and enter a 13 decree enforcing, modifying, and enforcing as so modified 14

or setting aside in whole or in part the order of the Com

[merged small][ocr errors][merged small]

12

nat sul

1 party

raining

15 mission.

[ocr errors][merged small]

fina!

[ocr errors]

16

“(2) Upon such filing by a person or party aggrieved 17 the reviewing court shall conduct further proceedings in con18 formity with the standards, procedures, and limitations estab19 lished by section 10 of the Administrative Procedure Act.

" (1) The commencement of proceedings under this sec

rder

cuit

20

[ocr errors]

21 tion shall not, unless specifically ordered by the court, oper

[ocr errors][merged small][merged small][ocr errors]
[merged small][ocr errors][merged small]

“(m) 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

25

15

1 whole or in part an order of the Commission, as provided in 2 this section, the jurisdiction of courts sitting in equity shall 3 not be limited by the Act entitled "An Act to amend the

4 Judicial Code and to define and limit the jurisdiction of 5 courts sitting in equity, and for other purposes”, approved 6 March 23, 1932 (29 U.S.C. 101–115). 7 "(n) Petitions filed under this title shall be heard 8 expeditiously.” 9 Sec. 3. The second sentence of section 709 (b) of the

10 Civil Rights Act of 1964 is amended by striking out “and 11 under which no person may bring a civil action under section

12 706 in any case or class of cases so specified,”.

13

SEC. 4. Title VII of the Civil Rights Act of 1964 is 14 amended by deleting section 710 and inserting in lieu thereof 15 the following:

16

“INVESTIGATORY POWERS

17 “SEC. 710. (a) For the purposes of any investigation 18 provided for in this title, the provisions of sections 9 and 10 19 of the Federal Trade Commission Act of September 16,

21

20

1914, as amended (15 U.S.C. 49, 50), are hereby made

applicable to the jurisdiction, powers, and duties of the Com22 mission, except that the attendance of a witness may not be 23 required outside of the States where he is found, resides, or 24 transacts business, and the production of evidence may not 25 be required outside the State where such evidence is kept.

16

[merged small][ocr errors]

1 “(b) The several departments and agencies of the 2 Government, when directed by the President, shall furnish 3 the Commission, upon its request, all records, papers, and 4 information in their possession relating to any matter before

ad the

on di

rored

5 the Commission."

6

SEC. 5. Title VII of the Civil Rights Act of 1964 is

heard

7 amended by adding at the end thereof the following new

[merged small][merged small][merged small][merged small][ocr errors][merged small]

11

[ocr errors][ocr errors][merged small][merged small]

"Sec. 717. (a) The Commission shall conduct a con12 tinuing survey of the operation of apprenticeship or other 13 training or retraining programs, including on-the-job train14 ing programs, to determine if the employers, labor orga15 nizations, or joint labor-management committees controlling 16 such programs are engaged in unlawful employment prac17 tices with respect to the operation of such programs.

“(b) Notwithstanding any provisions of section 709, 19 in conducting such survey the Commission shall at all rea20 sonable times have access to any records maintained by an 21 employer, labor organization, or joint labor-management 22 committee pursuant to (1) the regulations prescribed by the 23 Commission under the second sentence of section 709 (c), 24 or (2) any fair employment practice law of a State or po

18

[merged small][ocr errors]

25 litical subdivision thereof.

« AnteriorContinuar »