29 C.F.R. § 102.148

When an application may be filed; place of filing; service; referral to Administrative Law Judge; stay of proceeding

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(a) An application may be filed after entry of the final order establishing that the applicant has prevailed in an adversary adjudication proceeding or in a significant and discrete substantive portion of that proceeding, but in no case later than 30 days after the entry of the Board's final order in that proceeding. The application for an award must be filed with the Board in Washington, DC, together with a certificate of service. The application must be served on the Regional Director and on all parties to the adversary adjudication in the same manner as other pleadings in that proceeding, except as provided in § 102.147(g)(1) for financial information alleged to be confidential.

(b) Upon filing, the application will be referred by the Board to the Administrative Law Judge who heard the adversary adjudication upon which the application is based, or, in the event that proceeding had not previously been heard by an Administrative Law Judge, it will be referred to the Chief Administrative Law Judge for designation of an Administrative Law Judge, in accordance with § 102.34, to consider the application. When the Administrative Law Judge to whom the application has been referred is or becomes unavailable, the provisions of §§ 102.34 and 102.36 will apply.

(c) Proceedings for the award of fees, but not the time limit of this section for filing an application for an award, will be stayed pending final disposition of the adversary adjudication in the event any person seeks reconsideration or review of the decision in that proceeding.

(d) For purposes of this section the withdrawal of a complaint by a Regional Director under § 102.18 will be treated as a final order, and an appeal under § 102.19 will be treated as a request for reconsideration of that final order.

[82 FR 11783, Feb. 24, 2017]

Notes of Decisions

Cited in 5 cases, 1983–2005 · leading case: Monark Boat Co. v. Nat'l Labor Relations Bd., 708 F.2d 1322 (8th Cir. 1983).

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Monark Boat Co. v. Nat'l Labor Relations Bd., 708 F.2d 1322 (8th Cir. 1983). · cites it 6× “Under 29 C.F.R. § 102.148 (a) (1982), 2 the Board has provided that the application for attorneys’ fees must be “filed .”

Lord Jim's v. Nat'l Labor Relations Bd., 772 F.2d 1446 (9th Cir. 1985). · cites it 2× “, rather than merely in a regional office, 29 C.F.R. § 102.148 (1984), violates due process by preventing equal access to statutory rights.”

Carroll E. FELDPAUSCH, Plaintiff-Appellant, v. Margaret M. HECKLER, Sec'y of Health & Human Servs., Defendant-Appellee, 763 F.2d 229 (6th Cir. 1985). “29 C.F.R. § 102.148 (a). The Eighth Circuit upheld the NLRB’s interpretation.”

Sasetharan Arulampalam v. Alberto Gonzales, Attorney Gen., 399 F.3d 1087 (9th Cir. 2005). · cites it 2× “” The NLRB regulation construing the provision reads: An application may be filed after entry of the final order establishing that the applicant has prevailed in an adversary-adjudication proceeding or in a significant and discrete substantive portion of that proceeding, but in…”

Arulampalam v. Ashcroft (9th Cir. 2005). “29 C.F.R. § 102.148 (a). The statutory word “submit” in this context was construed as “file” by the NLRB.”

— 29 C.F.R. § 102.148(a) — 1 case

Monark Boat Co. v. Nat'l Labor Relations Bd., 708 F.2d 1322 (8th Cir. 1983). “Under 29 C.F.R. § 102.148 (a) (1982), 2 the Board has provided that the application for attorneys’ fees must be “filed .”

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