[DOWNLOAD] "Wyandotte Savings Bank v. National Labor Relations Board" by United States Court Of Appeals For The Sixth Circuit " eBook PDF Kindle ePub Free

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eBook details

• Title: Wyandotte Savings Bank v. National Labor Relations Board
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 07, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Following our order refusing enforcement of an NLRB order to bargain on the ground that the bargaining unit found by the Board was inappropriate, Wyandotte Savings Bank v. NLRB, 669 F.2d 386 (6th Cir. 1982), the petitioner applied to this Court for an award of costs and attorney fees pursuant to Rule 39, Fed. R. App. P. and the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The EAJA requires the awarding of attorney fees to the prevailing party against the United States or an agency thereof under certain circumstances. However, a court may not award attorney fees if it finds that "the position of the United States was substantially justified." 28 U.S.C. § 2412(d) (1) (A) & (d) (3). We find that the NLRBs position in seeking enforcement of its order was substantially justified and, therefore, we deny this application.

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