The Gulfport Stevedoring Association- International Longshoremen's Association Container Royalty Pla

National Labor Relations Board - Unpublished Board Decisions

Jan 27, 2017

15-CA-096939 (N.L.R.B. Jan. 27, 2017)

Gulfport, MS
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
THE GULFPORT STEVEDORING ASSOCIATION-
INTERNATIONAL LONGSHOREMEN’S
ASSOCIATION CONTAINER ROYALTY PLAN
and Case 15-CA-096939
TOMMY EVANS
INTERNATIONAL LONGSHOREMEN’S
ASSOCIATION LOCAL 1303
and Case 15-CB-096934
TOMMY EVANS
SECOND SUPPLEMENTAL DECISION AND ORDER
On October 22, 2015, the Respondent, the Gulfport Stevedoring Association-
International Longshoremen’s Association Container Royalty Plan (Respondent Plan), filed with
the Board in Washington, D.C., an Application for Attorney's Fees and Expenses pursuant to
the Equal Access to Justice Act.1 By Order dated November 2, 2015, the Board referred the
Respondent's application to Administrative Law Judge Michael A. Marcionese for appropriate
action; and since Judge Marcionese has retired the matter was referred to Administrative Law
Judge Eric M. Fine. Thereafter, on December 9, 2016, the Administrative Law Judge issued
his Supplemental Decision and Order granting the General Counsel's motion to dismiss 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 and Order, the Administrative Law Judge found that the General
Counsel's position was substantially justified with respect to the allegation in the complaint
regarding the EAJA application for fees and expenses filed by the Respondent Plan.
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

1 Respondent Plan also filed on October 22, 2015, a Motion to Withhold Information from Public
Disclosure.
2
Decision and Order, 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.
Dated, Washington, January 27, 2017.
By direction of the Board:
/s/Farah Z. Qureshi
______________________________
Associate Executive Secretary