(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
organizations and the National Labor Relations
Board and the Occupational Safety and Health Ad-
ministration; and
(3) to make the National Labor Relations
Board and the Occupational Safety and Health Ad-
ministration more accountable for their enforcement
actions against certain small businesses and labor
organizations by awarding fees and costs to these
entities when they prevail against the National
Labor Relations 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 fol-
lowing 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 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 $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 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 OF NLRA AMENDMENT.
(a) AGENCY PROCEEDINGS.—Subsection (a) of sec-
tion 20 of the National Labor Relations Act, as added by
section 3 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
20 of the National Labor Relations Act, as added by sec-
tion 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 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 Secretary of
Labor was substantially 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—
‘‘(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 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. 6. APPLICABILITY OF OSHA AMENDMENT.
(a) AGENCY PROCEEDINGS.—Subsection (a) of sec-
tion 12A of the Occupational Safety and Health Act, as
added by section 5 of this Act, applies to agency pro-
ceedings commenced 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.
Æ