United Brotherhood of Carpenters and Joiners of America, Local 2848 v. National Labor Relations Board

ALVIN B. RUBIN, Circuit Judge:

A labor union that had prevailed after an unfair labor practice charge had been filed against it by the National Labor Relations Board seeks an award of its fees and expenses pursuant to the Equal Access to Justice Act. We find that there is substantial evidence on the record as a whole to support the NLRB’s finding that its position in the underlying litigation was substantially justified, and deny the petition for review.

I

In the fall of 1986, the Overhead Door Corporation sought to persuade its employees to switch from an existing pension plan (Plan 51),…