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

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1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.04000 – Attorneys Fees and Costs

A charging party can obtain damages for increased bargaining or representation costs, resource diversion, or waste of resources resulting in material part from a violation, irrespective of whether the violation was egregious. (See, e.g., City and County of San Francisco (2024) PERB Decision No. 2891-M, pp. 24-25, citing City and County of San Francisco (2023) PERB Decision No. 2858-M, pp. 15-17 and Alliance Judy Ivie Burton Technology Academy High et al. (2022) PERB Decision No. 2809, pp. 14, 31-32 & 34 (Alliance).) Bargaining or representation damages may include fees based on consulting with an attorney, and/or an attorney’s appearance at the bargaining table or in another representational context. (See, e.g., National Labor Relations Bd. v. Ampersand Publishing, LLC (9th Cir. 2022) 43 F.4th 1233, 1238- 1239.) However, such damages normally do not include fees for any stage of researching or drafting the charge at issue, nor work on later stages of the case (ibid.), except in unusual circumstances (see, e.g., Bellflower Unified School District (2022) PERB Decision No. 2544a, p. 51, fn. 32 [discussing ancillary enforcement proceedings].) (pp. 29-30.)