I
105TH CONGRESS
1ST SESSION
H. R. 2449
To allow the recovery of attorneys’ fees and costs by certain employers
and labor organizations who are prevailing parties in proceedings brought
against them by the National Labor Relations Board.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 10, 1997
Mr. FAWELL (for himself, Mr. GOODLING, Mr. TALENT, Mr. BALLENGER, Mr.
SAM JOHNSON of Texas, Mr. KNOLLENBERG, Mr. RIGGS, Mr. GRAHAM,
Mr. SOUDER, Mr. NORWOOD, Mr. PAUL, and Mr. HILLEARY) introduced
the following bill; which was referred to the Committee on Education and
the Workforce
A BILL
To allow the recovery of attorneys’ fees and costs by certain
employers and labor organizations who are prevailing
parties in proceedings brought against them by the Na-
tional Labor Relations Board.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Fair Access to Indem-
nity and Reimbursement Act’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds as follows:
(1) Certain small businesses and labor organi-
zations are at a great disadvantage in terms of ex-
pertise and resources when facing actions brought by
the National Labor Relations Board.
(2) The attempt to ‘‘level the playing field’’ for
small businesses and labor organizations by means
of the Equal Access to Justice Act has proven inef-
fective and has been underutilized by these small en-
tities in their actions before the National Labor Re-
lations Board.
(3) The greater expertise and resources of the
National Labor Relations Board as compared with
those of small businesses and labor organizations ne-
cessitate a standard that awards fees and costs to
certain small entities when they prevail against the
National Labor Relations Board.
(b) PURPOSE.—It is the purpose of this Act—
(1) to ensure that certain small businesses and
labor organizations will not be deterred from seeking
review of, or defending against, actions brought
against them by the National Labor Relations Board
because of the expense involved in securing vindica-
tion of their rights;
(2) to reduce the disparity in resources and ex-
pertise between certain small businesses and labor
organizations and the National Labor Relations
Board; and
(3) to make the National Labor Relations
Board more accountable for its enforcement actions
against certain small businesses and labor organiza-
tions by awarding fees and costs to these entities
when they prevail against the National Labor Rela-
tions Board.
SEC. 3. AMENDMENT TO NATIONAL LABOR RELATIONS ACT.
The National Labor Relations Act (29 U.S.C. 151
and following) is amended by adding at the end the follow-
ing new section:
‘‘AWARDS OF ATTORNEYS’ FEES AND COSTS
‘‘SEC. 20. (a) ADMINISTRATIVE PROCEEDINGS.—An
employer who, or a labor organization that—
‘‘(1) is the prevailing party in an adversary ad-
judication conducted by the Board under this or any
other Act, and
‘‘(2) had not more than 100 employees and a
net worth of not more than $1,400,000 at the time
the adversary adjudication was initiated,
shall be awarded fees and other expenses as a prevailing
party under section 504 of title 5, United States Code,
in accordance with the provisions of that section, but with-
out regard to whether the position of the Board was sub-
stantially justified or special circumstances make an
award unjust. For purposes of this subsection, the term
‘adversary adjudication’ has the meaning given that term
in section 504(b)(1)(C) of title 5, United States Code.
‘‘(b) COURT PROCEEDINGS.—An employer who, or a
labor organization that—
‘‘(1) is the prevailing party in a civil action, in-
cluding proceedings for judicial review of agency ac-
tion by the Board, brought by or against the Board,
and
‘‘(2) had not more than 100 employees and a
net worth of not more than $1,400,000 at the time
the civil action was filed,
shall be awarded fees and other expenses as a prevailing
party under section 2412(d) of title 28, United States
Code, in accordance with the provisions of that section,
but without regard to whether the position of the United
States was substantially justified or special circumstances
make an award unjust. Any appeal of a determination of
fees pursuant to subsection (a) or this subsection shall be
determined without regard to whether the position of the
United States was substantially justified or special cir-
cumstances make an award unjust.’’.
SEC. 4. APPLICABILITY.
(a) AGENCY PROCEEDINGS.—Subsection (a) of sec-
tion 20 of the National Labor Relations Act, as added by