Page:United States Statutes at Large Volume 92 Part 1.djvu/1197

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1143

''(e)(1) Notwithstanding any other provision of law, if at any time after— " (A) the 120th day following the filing of any matter described in subsection (a)(2) of this section with an agency, there is no judicially reviewable action under this section or an appeal mider paragraph (2) of this subsection; "(B) the 120th day following the filing of an appeal with the Board under subsection (a)(1) of this section, there is no judicially reviewable action (unless such action is not as the result of the filing of a petition by the employee under subsection (b) (1) of this section); or •'*' "(C) the 180th day following the filing of a petition with the Equal Employment Opportunity Commission under subsection (b)(1) of this title, there is no final agency action under subsection (b), (c), or (d) of this section; an employee shall be entitled to file a civil action to the same extent and in the same manner as provided in section 717(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(c)), section 15(c) of the Age ., Discrimination in Employment Act of 1967 (29 U.S.C. 633a (c)), or '"^' section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(d)). "(2) If, at any time after the 120th day following the filing of any ' matter described in subsection (a)(2) of this section with an agency, there is no judicially reviewable action, the employee may appeal the matter to the Board under subsection (a)(1) of this section. " (3) Mothing in this section shall be construed to affect the right to trial de novo under any provision of law described in subsection (a) (1) of this section after a judicially reviewable action, including the decision of an agency under subsection (a)(2) of this section. "(f) In any case m which an employee is required to file any action, appeal, or petition under this section and the employee timely files the action, appeal, or petition with an agency other than the agency with which the action, appeal, or petition is to be filed, the employee shall be treated as having timely filed the action, appeal, or petition as of the date it is filed with the proper agency. "§ 7703. Judicial review of decisions of the Merit Systems Protec- 5 USC 7703. tion Board "(a)(1) Any employee or applicant for employment adversely affected or aggrieved by a final order or decision of the Merit Systems Protection Board may obtain judicial review of the order or decision. "(2) The Board shall be the named respondent in any proceeding brought pursuant to this subsection, unless the employee or applicant -li', •. "••for employment seeks review of a final order or decision issued by the Board under section 7701. In review of a final order or decision issued under section 7701, the agency responsible for taking the action appealed to the Board shall be the named respondent. ' (b)(1) Except as provided in paragraph (2) of this subsection, a petition to review a final order or final decision of the Board shall be filed in the Court of Claims or a United States court of appeals as provided in chapters 91 and 158, respectively, of title 28. Notwith- 28 USC 1491 et standing any other provision of law, any petition for review must be *^f > 2341 et scq. filed within 30 days after the date the petitioner received notice of the final order or decision of the Board. "(2) Cases of discrimination subject to the provisions of section 7702 of this title shall be filed under section 717(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(c)), section 15(c) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a (c)), and

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