Comau, Inc.

National Labor Relations Board - Board Decisions

Nov 20, 2012

07-CA-052614 (N.L.R.B. Nov. 20, 2012)

Detroit, MI
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIOSN BOARD
COMAU, INC.
and Cases 07-CA-052614-E
07-CA-052939-E
AUTOMATED SYSTEMS WORKERS
LOCAL 1123, affiliated with CARPENTERS
INDUSTRIAL COUNCIL, UNITED
BROTHERHOOD OF CARPENTERS
AND JOINERS OF AMERICA
and
COMAU EMPLOYEES ASSOCIATION (CEA)
COMAU EMPLOYEES ASSOCIATION (CEA)
and Case 7-CB-016912-E
AUTOMATED SYSTEMS WORKERS
LOCAL 1123, affiliated with CARPENTERS
INDUSTRIAL COUNCIL, UNITED
BROTHERHOOD OF CARPENTERS
AND JOINERS OF AMERICA
SUPPLEMENTAL ORDER
On July 25, 2012, the Respondent Union, Comau Employees Association (CEA), filed
with the Board in Washington, D.C., an Application for Attorney’s Fees and Expenses pursuant
to the Equal Access to Justice Act. By Order dated July 27, 2012, the Board referred CEA’s
Application to Administrative Law Judge Geoffrey Carter for appropriate action. Thereafter, on
September 28, 2012, the Administrative Law Judge issued his Order Granting the Acting
General Counsel’s Motion to Dismiss CEA’s Application for Attorney’s Fees under the Equal
Access to Justice Act and, on the same date, the proceeding was transferred to and continued
before the Board in Washington D.C. In his Order Granting the Acting General Counsel’s
Motion, the Administrative Law Judge found that the Acting General Counsel’s position was
substantially justified in this case at all stages of the litigation, and therefore the CEA is not
entitled to attorneys’ fees under the EAJA.
2
No statement of exceptions having been filed with the Board, and the time allowed for
such filing having expired,
Pursuant to Section 10(c) of the National Labor Relations Act, as amended, and Section
102.48 of the National Labor Relations Board Rules and Regulations, the Board adopts the
findings and conclusions of the Administrative Law Judge as contained in his Order Granting the
Acting General Counsel’s Motion to Dismiss CEA’s Application for Attorney’s Fees Under the
Equal Access to Justice Act, and the recommended Order of the Administrative Law Judge
becomes the Order of the Board. Accordingly,
The Respondent Union’s Application for Attorney’s Fees and Expenses is dismissed.
Dated, Washington, D.C. November 20, 2012.
/s/Henry S. Breiteneicher
_________________________
Associate Executive Secretary