Lion Uniform, Inc., Janesville Apparel Division v. National Labor Relations Board

ALAN E. NORRIS, Circuit Judge.

Petitioner, Lion Uniform, Inc., Janesville Apparel Division, seeks attorney’s fees from respondent, National Labor Relations Board, under the Equal Access to Justice Act (“EAJA”), 5 U.S.C. § 504, for legal expenses incurred in an underlying unfair labor practice case. This appeal presents the question of the appropriate standard of agency review to be accorded an Administrative Law Judge’s decision on such an application for fees. Because we conclude that the Board appropriately applied a de novo standard of review and that substantial evidence supports the…