Wyandotte Savings Bank

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