Leeward Auto Wreckers, Inc. v. National Labor Relations Board

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

This is an attorneys’ fees case arising under the Equal Access to Justice Act. The question is whether substantial evidence supports the decision of the National Labor Relations Board denying the fee application filed by Leeward Auto Wreckers, Inc. For reasons to be set forth, we conclude that part of the Board’s decision falls short of the congressionally mandated standard.

I

Leeward is a family-owned corporation engaged in the automobile salvage business in Hawaii. The company hauls wrecked automobiles to its yard, where…