[Code of Federal Regulations]
[Title 5, Volume 3, Parts 1200 to end]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2430.2]

[Page 426-427]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE 
  FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
 
PART 2430--AWARDS OF ATTORNEY FEES AND OTHER EXPENSES--Table of Contents
 
Sec. 2430.2  Proceedings affected; eligibility for award.

    (a) The provisions of this part apply to unfair labor practice 
proceedings pending on complaint against a labor organization at any 
time since October 1, 1981.
    (b) A respondent in an unfair labor proceeding which has prevailed 
in the proceeding, or in a significant and discrete portion of the 
proceeding, and who otherwise meets the eligibility requirements of this 
section, is eligible to apply for an award of attorneys fees and other 
expenses allowable under the provisions of Sec. 2430.4 of these rules.
    (1) Applicants eligible to receive an award in proceedings conducted 
by the Authority are any partnership, corporation, association, or 
public or private organization with a net worth of not more than $5 
million ($7 million in cases involving adversary adjudications pending 
on or commenced on or after August 5, 1985) and not more than 500 
employees.
    (2) For the purpose of eligibility, the net worth and number of 
employees of an applicant shall be determined as of the date the 
complaint was issued.
    (3) The employees of an applicant include all persons who regularly 
perform services for remuneration for the applicant, under the 
applicant's direction and control. Part-time employees

[[Page 427]]

shall be included on a proportional basis.
    (4) An applicant that participates in a proceeding primarily on 
behalf of one or more other persons or entities that would be ineligible 
is not itself eligible for an award.

[46 FR 48623, Oct. 2, 1981, as amended at 51 FR 33837, Sept. 23, 1986]