Parkway Florist, Inc.

National Labor Relations Board - Unpublished Board Decisions

Jul 16, 2019

06-CA-209583 (N.L.R.B. Jul. 16, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PARKWAY FLORIST, INC.
and
JO ANN VAUGHN
PARKWAY FLORIST, INC.
and
PAUL CAVALERO
Cases 06-CA-209583
06-CA-217020

SECOND SUPPLEMENTAL DECISION AND ORDER
On March 4, 2019, the Respondent, Parkway Florist, Inc., filed with the Board in
Washington, D.C., an Application for Attorney’s Fees and Expenses pursuant to the
Equal Access to Justice Act (EAJA). By Order dated March 6, 2019, the Board referred
the Respondent’s application to Administrative Law Judge David I. Goldman for
appropriate action. Thereafter, on May 30, 2019, the Administrative Law Judge issued
his Supplemental Decision denying the Respondent’s application for attorney’s fees
under the Equal Justice Act and, on the same date, the proceeding was transferred to
and continued before the Board in Washington D.C. In his supplemental decision, the
Administrative Law Judge found that the General Counsel was “substantially justified” in
prosecuting the case within the meaning of EAJA.
No statement of exceptions having been filed with the Board, and the time
allowed for such filing having expired,
Pursuant to Section 10(c) of the National Labor Relations Act, as amended, and
Section 102.48 of the National Labor Relations Board Rules and Regulations, the Board
adopts the findings and conclusions of the Administrative Law Judge as contained in his
Supplemental Decision, and the recommended Order of the Administrative Law Judge
becomes the Order of the Board. Accordingly,
The Respondent’s Application for Attorney’s Fees and Expenses is dismissed.1
Dated, Washington, D.C., July 16, 2019.
By direction of the Board:
/s/ Farah Z. Qureshi
_________________________
Associate Executive Secretary

1 On July 15, 2019, the Board inadvertently issued an order adopting Judge Goldman’s December 12,
2018 Decision and Order in the absence of exceptions. The Board rescinds that order as Judge
Goldman’s decision had already been adopted on February 5, 2019.