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55 FLRA No. 72
Nedra Bradley and AFGE Case No. 0-MC-18; James J. Powers and AFGE, Case No. 0-MC-19 (Decided April 30, 1999)
The petitioners in this case and consolidated cases petitioned the Authority for amendment of rules pursuant to 5 C.F.R. §§ 2429.28 and 2430.5. Petitioners sought to increase the maximum per hour rate for attorney fees under the Equal Access to Justice Act (EAJA). 5 U.S.C. § 504(b)(1)(A) (1994 & Supp. II 1996). Section 2430.4 of the Authority's regulations currently provides for a maximum rate of $75.00 per hour for the award of attorney fees.
The Petitioners sought amendment of the Authority's regulations in two respects: First, they sought rate of $125 per hour based on 1996 amendments to the EAJA raising the maximum hourly rate. Second, petitioners moved for both retroactive and prospective application of any increase in the maximum hourly rate. Finally, petitioners sought rates of $150 and $145, respectively, based on an increase in the cost of living and other special factors.
The Authority denied the petitions to retroactively increase the rate to $125 per hour based on the 1996 amendment to the EAJA. However, it granted the petitions' request that the Authority promulgate a regulation raising the maximum EAJA per hour rate to $125. Further, the Authority granted the petitions insofar as they move the Authority to engage in rulemaking to consider establishing appropriate criteria for adjustments to the maximum EAJA per hour rate based on cost of living and other special factors.