REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Attorneys Fees and Costs
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1205.04000 – Attorneys Fees and Costs
Although PERB’s traditional remedy for an employer’s unlawful unilateral change includes restoration of the prior status quo and appropriate make whole relief, including back pay and benefits with interest thereon, for all employees who have suffered loss as a result of the unlawful conduct, the Board does not have jurisdiction to rescind a municipal election to overturn a ballot measure. However, the Board may award attorneys’ fees and other litigation costs to an injured party who must pursue litigation in the courts or before another tribunal to obtain complete relief for an unfair practice. In addition to cease-and-desist order, PERB ordered the City to join in litigation and/or pay attorneys’ fees and court costs to unions as remedy for City’s unilateral change to employee pension benefits enacted through a citizens’ initiative.