REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Attorneys Fees and Costs

Single Topic for Decision 2036M

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PERB will award attorney fees only if the charge is without arguable merit and pursued in bad faith. For purposes of this test, the term “bad faith” includes conduct that is dilatory, vexatious or otherwise an abuse of process. The Board did not award attorney fees because the record lacked evidence that the Union pursued the unfair practice in bad faith.