IB
Union Calendar No. 220
106TH CONGRESS
1ST SESSION
H. R. 1987
[Report No. 106–385]
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 or by the Occupa-
tional Safety and Health Administration.
IN THE HOUSE OF REPRESENTATIVES
MAY 27, 1999
Mr. GOODLING introduced the following bill; which was referred to the
Committee on Education and the Workforce
OCTOBER 14, 1999
Additional sponsors: Mr. BALLENGER, Mr. BOEHNER, Mr. HOEKSTRA, Mr.
GREENWOOD, Mr. GRAHAM, Mr. NORWOOD, Mr. SCHAFFER, Mr. DEAL
of Georgia, Mr. HILLEARY, Mr. SALMON, Mr. TANCREDO, Mr. DEMINT,
Mr. GOODE, Mr. WICKER, Mr. COOKSEY, Mr. BARTLETT of Maryland,
Mr. GANSKE, Mr. TALENT, Mr. MCINTOSH, Mr. CAMPBELL, Mr. SAM
JOHNSON of Texas, Mr. SOUDER, Mr. UPTON, Mr. MCKEON, Mr. BAR-
RETT
of Nebraska, Ms. PRYCE
of Ohio, Mr. FLETCHER, Mr.
NETHERCUTT, Mr. HAYES, Mr. WELDON of Florida, Mr. GARY MILLER
of California, Mr. MANZULLO, Mr. VITTER, Mr. WATTS of Oklahoma,
Mr. COBLE, Mr. ADERHOLT, Mr. CUNNINGHAM, Mr. BUYER, Mr. BLUNT,
Mr. CANNON, Mr. HUTCHINSON, Mr. DREIER, Mr. BONILLA, Mrs.
FOWLER, Mr. KUYKENDALL, Mr. CALVERT, Mr. HOBSON, Mr.
HAYWORTH, Mr. ISAKSON, Mrs. NORTHUP, Mr. HERGER, Mr. HEFLEY,
Mr. ROGAN, Mr. BURTON of Indiana, Mr. PICKERING, Mr. KNOLLEN-
BERG, Mr. PETERSON of Pennsylvania, Mr. LARGENT, Mr. HILL of Mon-
tana, Mr. GOSS, Mr. DUNCAN, Mr. DELAY, and Mr. ARMEY
OCTOBER 14, 1999
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 27, 1999]
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 or by the Occupational
Safety and Health Administration.
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 makes the following
findings:
(1) Certain small businesses and labor organiza-
tions are at a great disadvantage in terms of expertise
and resources when facing actions brought by the Na-
tional Labor Relations Board or by the Occupational
Safety and Health Administration.
(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 ineffective
and has been underutilized by these small entities in
their actions before the National Labor Relations
Board and before the Occupational Safety and Health
Review Commission.
(3) The greater expertise and resources of the Na-
tional Labor Relations Board and the Occupational
Safety and Health Administration as compared with
those of small businesses and labor organizations ne-
cessitate a standard that awards fees and costs to cer-
tain small entities when they prevail against the Na-
tional Labor Relations Board or against the Occupa-
tional Safety and Health Administration.
(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
or by the Occupational Safety and Health Adminis-
tration because of the expense involved in securing
vindication of their rights;
(2) to reduce the disparity in resources and ex-
pertise between certain small businesses and labor or-
ganizations and the National Labor Relations Board
and the Occupational Safety and Health Administra-
tion; and
(3) to make the National Labor Relations Board
and the Occupational Safety and Health Administra-
tion more accountable for their 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 or in proceedings before the Occupational
Safety and Health Review Commission.
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 following
new section:
‘‘AWARDS OF ATTORNEYS’ FEES AND COSTS
‘‘SEC. 20. (a) ADMINISTRATIVE PROCEEDINGS.—An
employer who, or 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 $7,000,000 at the time the ad-
versary 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 without
regard to whether the position of the Board was substan-
tially justified or special circumstances make an award un-
just. 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 $7,000,000 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 with-
out 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 pursu-
ant to subsection (a) or this subsection shall be determined
without regard to whether the position of the United States
was substantially justified or special circumstances make
an award unjust.’’.
SEC. 4. APPLICABILITY OF NLRA AMENDMENT.
(a) AGENCY PROCEEDINGS.—Subsection (a) of section
20 of the National Labor Relations Act, as added by section
3 of this Act, applies to agency proceedings commenced on
or after the date of the enactment of this Act.
(b) COURT PROCEEDINGS.—Subsection (b) of section
20 of the National Labor Relations Act, as added by section
3 of this Act, applies to civil actions commenced on or after
the date of the enactment of this Act.
SEC. 5. AMENDMENT TO OCCUPATIONAL SAFETY AND
HEALTH ACT.
The Occupational Safety and Health Act (29 U.S.C.
651 and following) is amended by inserting after section
12 at the end the following new section:
‘‘AWARDS OF ATTORNEYS’ FEES AND COSTS
‘‘SEC. 12A. (a) ADMINISTRATIVE PROCEEDINGS.—An
employer who—
‘‘(1) is the prevailing party in an adversary ad-
judication before the Occupational Safety and Health
Review Commission under this or any other Act, and
‘‘(2) had not more than 100 employees and a net
worth of not more than $7,000,000 at the time the ad-
versary adjudication was initiated,
shall be awarded from the Secretary of Labor 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 without regard to whether the position
of the Secretary of Labor was substantially justified or spe-
cial 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—
‘‘(1) is the prevailing party in a civil action, in-
cluding proceedings for judicial review of an action
by the Occupational Safety and Health Review Com-
mission, brought by or against the Secretary or the
Commission, and
‘‘(2) had not more than 100 employees and a net
worth of not more than $7,000,000 at the time the
civil action was filed,
shall be awarded from the Secretary of Labor 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 de-
termination of fees pursuant to subsection (a) or this sub-
section shall be determined without regard to whether the
position of the United States was substantially justified or
special circumstances make an award unjust.’’.
SEC. 6. APPLICABILITY OF OSHA AMENDMENT.
(a) AGENCY PROCEEDINGS.—Subsection (a) of section
12A of the Occupational Safety and Health Act, as added
by section 5 of this Act, applies to agency proceedings com-
menced on or after the date of the enactment of this Act.
(b) COURT PROCEEDINGS.—Subsection (b) of section
12A of the Occupational Safety and Health Act, as added
by section 5 of this Act, applies to civil actions commenced
on or after the date of the enactment of this Act.
Union Calendar No. 220
106TH CONGRESS
1ST SESSION
H. R. 1987
[Report No. 106–385]
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 National Labor Relations
Board or by the Occupational Safety and Health
Administration.
OCTOBER 14, 1999
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed