Wyandotte Savings Bank

National Labor Relations Board - Board Decisions

Feb 12, 1982

260 N.L.R.B. 230 (N.L.R.B. 1982)

DECISIONS OF NATIONAl LABOR RELATIONS BOARD
Wyandotte Savings Bank and Retail Store Employ-
ees Union, Local 876, United Food and Com-
mercial Workers International Union, AFL-
CIO. Cases 7-CA-17258, 7-CA-17259, and 7-
CA-17260
February 12, 1982
ORDER
On July 1, 1980, the National Labor Relations
Board issued a Decision and Order' in the above-
entitled proceeding. On January 8, 1982, the United
States Court of Appeals for the Sixth Circuit
denied enforcement of the Board's Order. 2 On Jan-
uary 15, 1982, pursuant to 28 U.S.C.A. §2412, as
amended by the Equal Access to Justice Act, the
Respondent in the above case moved the court for
costs and attorney fees incurred by the Respondent
in the court in the amount of $15,789.84. Thereaf-
ter, on January 25, 1982, the Respondent filed with
the Board in Washington, D.C., an application for
award of attorneys' fees and expenses under the
250 NLRB 362
On January 1, 1982, the iBoard pelitioned the court of appeals for
reconsideration of the court's denial (of enforcement of the Board's Order
Equal Access to Justice Act, P.L. 96-481, 94 Stat.
2325 and Section 102.143 of the Board's Rules and
Regulations, in the amount of $17,395.04, which
sum included the costs and attorney fees previously
identified to the court, plus nonlegal fee costs in
the amount of $1,440 and legal fee costs in the
amount of $165.20 said to be incurred by the Re-
spondent before the Board in the above cases.
The Board, having duly considered the matter,
finds that pursuant to Section 2412(d)(3) of the
Equal Access to Justice Act it has no jurisdiction
because this matter is pending before the court of
appeals.3 Moreover, as noted above, the Board's
Decision and Order issued on July 1, 1980, and the
Equal Access to Justice Act apply only to an ad-
ministrative adjudication pending on or after Octo-
ber 1, 1981. 4 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 I US Hiouse of Representatives, 96lh
Cong.. 2d Sess., Equal Access to Justice Act. pp 17, 18.
P L. 96 481, Sec. 208, 94 Stat 2330.
260 NLRB No. 130
230