International Maintenance Systems Group, Inc.

INTERNATIONAL MAINTENANCE SYSTEMS GROUP International Maintenmce Systems Group, Inc., Pe- titioner. Case 29-CA-8209 June 4, 1982 ORDER DENYING MOTION FOR RULEMAKING Pursuant to Sections 102.124 and 102.146 of the National Labor Relations Board Rules and Regula- tions, Series 8, as amended, a motion was filed on February 17, 1982, by International Maintenance Systems Group, Inc. (herein called IMSG), seeking to amend Section 102.145 of the Board's rules to provide for an increase in the fees payable to "agents and attorneys" from $75 to $140 per hour. IMSG alleges in pertinent part that $140 per hour is a reasonable fee for an attorney with the experience and expertise of IMSG's counsel. IMSG maintains that there are no qualified attorneys regu- larly practicing in the city of New York, the site of its operations, with sufficient expertise to defend the unfair labor practice allegations brought against it by the General Counsel of the Board, who charge fees of $75. IMSG claims that the reason- able rate for attorneys with the experience and ex- pertise of its attorney ranges from $100 to $200 per hour. The Board has considered carefully IMSG's motion and has decided that it should be denied. The Equal Access to Justice Act, 5 U.S.C. § 504(bX1XA), provides that "attorney or agent fees shall not be awarded in excess of $75 per hour, unless the agency determines by regulation that an increase in the cost of living or a special factor, such as the limited availability of qualified attor- neys or agents for the proceedings involved, justi- fies a higher fee." The Act was enacted on Octo- ber 21, 1980, and became effective on October 1, 1981, the same date as the Board's rules herein. Since as evidenced by IMSO's motion the reason- able attorney or agent fee in certain circumstances exceeded $75 prior to the passage of the Act, Con- gress must have been aware of such circumstances when it decided to set the fee at S75 per hour. Ac- cordingly, and as there appears to be no change in circumstances since the passage of the Act which warrants higher fees, the Board has decided to deny the motion for rulemaking proceeding to in- crease attorney and agent fees. It is hereby ordered that IMSG's motion request- ing the Board to engage in rulemaking for the pur- pose of raising the attorney or agent fees recover- able under the Equal Access to Justice Act and Section 102.145 of the Board's rules from $75 to $140 per hour is denied. I