REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Attorneys Fees and Costs
Single Topic for Decision 1133E
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1205.04000 – Attorneys Fees and Costs
The Board will award attorneys fees and costs where a case is without arguable merit, frivolous, vexatious, dilatory, pursued in bad faith or is otherwise an abuse of process. Attorney fees will be denied if the issues are debatable and brought in good faith; p. 7. The Board is reluctant to order the payment of litigation expenses by employees who are representing themselves in PERB proceedings, because to do so might tend to discourage the legitimate pursuit of unfair practice charges; p. 7. The repeated representation of charges based on circumstances which have been considered by the Board in related cases previously suggests an abuse of process; p. 7.