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

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The Board reaffirmed that its litigation sanction standard does not apply to a make-whole award of litigation expenses incurred in an ancillary proceeding to remedy, lessen, or stave off the impacts of unfair practices. PERB orders make-whole relief irrespective of whether the harm at issue involves legal professionals who spent time and resources in ancillary litigation or non-legal staff who spent extra time or resources in bargaining, communicating with members, or other functions. (See City of Palo Alto (2019) PERB Decision No. 2664, p. 8, fn. 6 [litigation sanctions are conceptually different from reimbursement of legal expenses reasonably incurred in an ancillary proceeding as a result of an employer’s underlying conduct].)