REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Attorneys Fees and Costs
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1205.04000 – Attorneys Fees and Costs
Just as an award of attorney fees and costs should not lose significant value because of extended litigation over the precise amount owed under the award (Bellflower Unified School District (2022) PERB Decision No. 2544a, pp. 56-57), the same is true for an award of bargaining costs. Therefore, after PERB awards bargaining costs, if subsequent disputes over the award’s value extend to such a degree that counsel for the prevailing party must perform work beyond drafting a first set of declarations and supporting briefing, then any further, reasonable time spent effectuating the award of fees and costs may be compensable irrespective of whether the opposing party acts frivolously in litigating the award’s value. (See Sacramento City Unified School District (2020) PERB Decision No. 2749, pp. 19-20.)