REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – In General
Single Topic for Decision 2143M
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1205.01000 – In General
PERB will award attorney’s fees only if the charge is both without arguable merit and pursued in bad faith. Union failed to demonstrate that agency’s failure to appear in person for a settlement conference or make a timely request to reschedule was a deliberate attempt to delay the proceedings, or was otherwise indicative of bad faith by the agency. Agency’s attorney was available by telephone, and union acknowledged that it had participated in prior settlement conferences where the agency appeared by telephone.