Court of Appeals for the Ninth Circuit March 30, 2004, No. 03-15251 (Performance Mechanical, Inc. v. Operating Engineers Local Union No. 3)

MEMORANDUM **

Performance Mechanical, Inc. (PMI) appeals the district court’s order denying it an award of attorney’s fees after it prevailed in an action against Operating Engineers Local Union No. 3. We affirm.

We agree that the district court had authority to make an award of fees, if it decided that the Union had acted in bad faith. See Alyeska Pipeline Serv. Co. v. Wilderness Soc’y, 421 U.S.