Electric

ORDER

The Memorandum disposition filed August 1, 1997, is redesignated as an authored Opinion by Chief Judge Hug. The dissent to the Memorandum disposition by Judge Kleinfeld is withdrawn.

OPINION

Appellant Blaylock Electric appeals from the denial by the National Labor Relations Board (“the Board”) of its application for an award of fees under the Equal Access to Justice Act, 5 U.S.C. § 502 et seq. (“EAJA”). Blaylock was the prevailing party in an unfair labor practices action brought by General Counsel for Region 32 of the Board (“General Counsel”). We have jurisdiction under 29 U.S.C. § 160 (f) and 5 U.S.C. § 504 (e), and we affirm.

I.

Blaylock is a commercial electrical contractor located in Modesto, California. In the Summer of 1994, Blaylock anticipated being awarded several contracts at the Campbell’s Soup factory in Modesto, and in contemplation thereof ran an ad in the local newspaper for two electrician positions to cover a manpower shortage it expected to encounter if the contracts were awarded.

One June 8, 1994, about twelve applicants appeared at Blaylock’s office to apply for the positions listed in the newspaper. Most of these applicants were members of the…