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MILLER v. HOTEL & RESTAURANT EMPLOYEES & BARTENDERS

Nos. 85-2322, 85-2524.

806 F.2d 1371 (1986)

Robert H. MILLER, Regional Director of Region 20 of the National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner-Appellant, v. HOTEL AND RESTAURANT EMPLOYEES AND BARTENDERS UNION, LOCAL 2, Hotel and Restaurant Employees and Bartenders International Union, AFL-CIO, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 23, 1986.

Attorney(s) appearing for the Case

Jean Stucky, John W. Hornbeck, Deputy Asst. General Counsel, N.L.R.B., Washington, D.C., for petitioner-appellant.

Matthew D. Ross, Neyhart, Anderson, Nussbau, Reilly & Freitas, San Francisco, Cal., for respondent-appellee.

Before TANG, SCHROEDER, and NORRIS, Circuit Judges.

PER CURIAM.

The NLRB appeals a district court award of some $17,600.00 in attorney fees and costs to a union under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (1982). 107 FRD 231. The underlying dispute arose out of the 1984 Restaurant Employees and Bartenders Union strike against Scoma's Restaurant located at the end of Pier 47 in San Francisco. Striking employees picketed at the pier's entrance, which is 400 feet away from Scoma's and paraded in...

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