Grason Electric Company, Amos J. Walker, Inc., Rex Moore Electrical Co., Inc. v. National Labor Relations Board

GOODWIN, Circuit Judge:

Six employer members of a multiemployer association (hereinafter NECA) were prevailing parties in an unfair labor practice case brought against them by the National Labor Relations Board. They challenge the Board’s refusal to award attorney fees under the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504(a)(1) (1988).

The statute provides that “[a]n agency that conducts an adversary adjudication shall award, to a prevailing party other than the United States, fees and other expenses....” The statute goes on to provide that the award shall be granted unless “the position…