GRASON ELEC. CO. v. N.L.R.B.

No. 89-70470.

951 F.2d 1100 (1991)

GRASON ELECTRIC COMPANY, Amos J. Walker, Inc., Rex Moore Electrical Co., Inc., et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided December 18, 1991.


Attorney(s) appearing for the Case

Wendy A. Cheit and Mark R. Thierman, Thierman, Cook, Brown & Prager, San Francisco, Cal., for petitioners.

Corinna Lothar Metcalf, N.L.R.B., Washington, D.C., for respondent.

Before GOODWIN, THOMPSON and O'SCANNLAIN, Circuit Judges.


GOODWIN, Circuit Judge:

Six employer members of a multiemployer association (hereinafter NECA) were prevailing parties in an unfair labor practice case brought against them by the National Labor Relations Board. They challenge the Board's refusal to award attorney fees under the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504(a)(1) (1988).

The statute provides that "[a]n agency that conducts an adversary adjudication shall award, to a prevailing party...

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