29 CFR 102.144 : Labor (§ 0.735-1 To Parts 4908-4999) — (§ 100.101 To Parts 472-499) — Regulations Relating To Labor (§ 100.101 To Parts 472-499) — National Labor Relations Board (§ 100.101 To Parts 105-199) — Rules And Regulations, Series 8 (§ 102.1 To Appendix A To Part 102) — Awards Of Fees And Other Expenses (§ 102.143 To § 102.155) — Standards for awards.

(a) An eligible applicant may receive an award for fees and expenses incurred in connection with an adversary adjudication or in connection with a significant and discrete substantive portion of that proceeding, unless the position of the General Counsel over which the applicant has prevailed was substantially justified. The burden of proof that an award should not be made to an eligible applicant is on the General Counsel, who may avoid an award by showing that the General Counsel's position in the proceeding was substantially justified.

(b) An award will be reduced or denied if the applicant has unduly or unreasonably protracted the adversary adjudication or if special circumstances make the award sought unjust.