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

Single Topic for Decision 2671E

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PERB will award attorneys’ fees only if the charge is without arguable merit and pursued in bad faith. Bad faith includes conduct that is dilatory, vexatious, or otherwise an abuse of process. Here, the employer requested that charging party be ordered to pay its reasonable attorneys’ fees and costs incurred in this matter because she engaged in dilatory tactics. Specifically, that her slow pace in putting on evidence extended the length of the hearing for an additional two days. While charging party’s pace was deliberate, that had more to do with her inexperience as an advocate than bad faith. Nothing suggests her conduct was intended to delay or otherwise frustrate the proceedings. To the contrary, charging party arrived at each day of hearing prepared to prosecute her case. Accordingly, the employer’s request for reasonable attorneys’ fees and costs was denied. (Adopting proposed decision at p. 27.)