Service Garage, Inc.

National Labor Relations Board - Board Decisions

Feb 12, 1982

260 N.L.R.B. 231 (N.L.R.B. 1982)

SERVICE GARAGE, INC.
Service Garage, Inc. and Highway & Local Motor
Freight Employees, Local 667, affiliated with
the International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of
America. Case 26-CA-7575
February 12, 1982
ORDER
On February 7, 1980, the National Labor Rela-
tions Board issued a Decision and Order' in the
above-entitled proceeding and, on April 9, 1980, an
Order denying Respondent's motion for reconsider-
ation. On June 25, 1981, the Board issued a Supple-
mental Decision and Order. 2 On January 5, 1982,
the United States Court of Appeals for the Sixth
Circuit denied enforcement of the Board's Order.3
Thereafter, on February 2, 1982, Respondent filed
with the Board in Washington, D.C., an application
' 247 NLRB 943
2 256 NLRH 9B 1
3 80-1484
for award of attorneys' fees and expenses under the
Equal Access to Justice Act, P.L. 96-481, 94 Stat.
2325, and Section 102.143 of the Board's Rules and
Regulations.
The Board, having duly considered the matter,
finds that it has no jurisdiction because, pursuant to
section 2412(d)(3) of the Equal Access to Justice
Act, any request for an award must be filed with
the appropriate court of appeals.4 Moreover, as
noted above, the Board's Supplemental Decision
and Order issued on June 23, 1981, and the Equal
Access to Justice Act apply only to an administra-
tive adjudication pending on or after October 1,
1981.5 Accordingly,
It is hereby ordered that Respondent's request
for an award under the Equal Access to Justice
Act be, and it hereby is, dismissed.
By direction of the Board: John C. Truesdale,
Executive Secretary.
' Report No 96-1005, Part 1, U.S. House of Representatives, 961h
Cong. 2d Sess, Equal Access to Justice Act, pp 17, 8I
a P.L. 96-481, Sec 208. 94 Stat. 2330.
260 NLRB No. 131
231