Case No.
Rep. Cost Cite
Case Name
Date Issued
|
ORS 243.672
Subsection Claim
|
Total Costs
Claimed
|
Award and Summary of Order
|
UP-002-08
23 PECBR 108
Oregon AFSCME Council 75 Local 3742 v. Umatilla County
Issued: 08/25/09 |
(1)(a) |
$6,980.00
44.5 hours @ $160 to 80/hour |
Award: $2,635
Complainant Prevailed
Less than 1 day of hearing
$155/hour is a reasonable rate. An average case takes 45-50 hours per day of hearing. The Board generally makes a greater-than-average award in cases involving interference with union activities. |
UP-017-06
22 PECBR 958
Oregon AFSCME Council 75 v. State of Oregon, Department of Corrections
Issued: 08/10/09 |
(1)(e) |
$33,588.60
275.3 hours @ $69 to 126/hour |
Award: $3,050
Respondent Prevailed
2 days of hearing
An average case takes 45-50 hours per day of hearing, a factor in determining reasonable representation costs. Duplicative charges are not considered. The Board generally makes an average award in unilateral change cases |
UP-064-03
21 PECBR 443
Amalgamated Transit Union, Division 757, v. Tri-County Metropolitan Transportation District of Oregon
Issued: 08/10/09 |
(1)(g) |
$30,000
$145-185/hour
$1,000 civil penalty requested |
Award: $1,550
Complainant Prevailed
Stipulated facts
Average is 16-25 hours in a stipulated facts case. Average hourly rate is $155. The Board generally makes a less-than-average award in cases that present novel issues and a greater-than-average award when a party refuses to abide by an arbitration award. This case presented both, so on balance, an average award is appropriate. Civil penalty not properly requested or awarded in rep. cost proceedings. |
UP-007-07
23 PECBR 133
AFSCME Local 189 v. City of Portland
Issued: 05/14/09 |
(1)(a)(b) |
$28,077.50
178.7 hours @ $85 to $165/hour |
Award: $3,500
Complainant Prevailed
3+ days of hearing
$155/hour is a reasonable rate. The Board generally makes a less than average award in cases that present novel issues and a greater-than average award in cases involving interference with union activities. This case presented both. An average award here would far exceed the $3,500 cap, so the Board awarded the maximum amount permitted by Board rules. |
UP-001-08
22 PECBR 850
Association of Oregon Corrections Employees v. State of Oregon, Department of Corrections
Issued: 05/07/09
|
(1)(e) |
$14,337
112 hours @ $74 to $126/hour |
Award: $2,000
Respondent Prevailed
1 day of hearing
Average Award. An average case takes 45-50 hours per day of hearing, although more hours might be reasonable in a complex case. |
UP-005-07
23 PECBR 88
Grants Pass Association of Classified Employees/OEA/
NEA and Sharon Bullington v. Grants Pass School District No. 7
Issued: 04/13/09
|
(1)(a) |
$21,568
147 hours @ $140-$145/hour plus travel 13 hours @ $70/hour
|
Award: $3,500
Complainant Prevails
3 days of hearing
An average case takes 45-50 hours per day of hearing. Board generally makes a greater-than-average award in union discrimination cases. A reasonable amount of time spent on attempts to settle the case can be reimbursed.
|
UP-025/035-04
22 PECBR 632
UP-025-04: Association of Oregon Corrections Employees v. State of Oregon , Department of Corrections
UP-035-04: Oregon State Police Officers’ Association v. State of Oregon , Department of State Police
Issued: 08/28/08 |
(1)(e) |
DOC: $14,650, 150.2 hours @ $69-$98/hour
OSP: $22,679.20, 237.9 hours @ $69-$98/hour |
Award: $1,400 (DOC)
$2,100 (OSP)
Respondents Prevailed
3 days of hearing
Cases average 45-50 hours for each day of hearing. There were two separate respondents. The reasonable hours were apportioned between the two respondents. In cases involving bad faith bargaining charges, the Board normally awards approximately one-third of the prevailing party’s reasonable representation costs. However, some of the issues here were novel, and the Board reduced the award to one-fourth of the reasonable costs so that they do not discourage parties from litigating this type of issue. |
UP-018-06
22 PECBR 636
AFSCME Local 88 v. Multnomah County
Issued: 08/28/08 |
(1)(e) |
$12,018
78.2 hours @ $75-$155/hour |
Award: $2,241
Complainant Prevailed
2 days of hearing
Both parties prevailed, but only Complainant petitioned for representation costs. Complainant prevailed on 33% of the case, and the Board reduced the request accordingly. |
UP-005-06
22 PECBR 479
Oregon AFSCME Council 75 v. State of Oregon , Department of Corrections
Issued: 04/29/08 |
(1)(e),(g) |
$29,460.40
178.0 hours @ $69-$126/hour |
Award: $1,400
Respondent Prevailed
1 day of hearing
Cases average 45-50 hours for each day of hearing. The Board makes a less than average award in cases that present novel issues.
|
UP-023-06
22 PECBR 482
Northwest Education Association/OEA/NEA v. Northwest Regional Education Service District
Issued: 04/29/08 |
(1)(e) |
$6,458.00
47.5 hours @ $70-$140/hour |
Award: $2,150
Complainant Prevailed
1 day of hearing
Average Award. An average case takes 45-50 hours per day of hearing. An average hourly rate is $140. Conduct that warrants a civil penalty or reimbursement of the filing fee can be grounds for increasing the representation cost award; absence of those factors does not decrease the award.
|
UP-032/035-06
22 PECBR 452
International Association of Firefighters Local #1431 v. City ofMedford
City of Medford v. International Association of Firefighters Local #1431
Issued: 04/14/08 |
(2)(d) |
$8,767.50
50.1 hours @ $175/hour |
Award: $2,340
City Prevailed
1 day of hearing
Average Award. An average case takes 45-50 hours per day of hearing. An average hourly rate is $140.
|
UP-033-06
22 PECBR 456
Association of Oregon Corrections Employees v. State of Oregon , Department of Corrections
Issued: 04/14/08 |
(1)(e) |
$2,640.00
72.5 hours @ $69-$111/hour |
Award: $1,640
Respondent Prevailed
1 day of hearing
Average Award. An average case takes 45-50 hours per day of hearing. An average hourly rate is $140.
|
UP-016-05
22 PECBR 51
Association ofOregon Corrections Employees v. State of Oregon, Department of Corrections and AFSCME
Issued: 09/19/07 |
(1)(e),(g) |
$20,344.60
199 hours @ $46-$111/hour |
Award: $1,700
Respondent prevailed
Less than 1 day of hearing
An average case takes 45-50 hours per day of hearing, a factor in determining reasonable representation costs. Time for law clerks and paralegals can be recovered if not duplicative. Board makes an average award (about 1/3 of the reasonable representation costs). |
UP-027-06
22 PECBR 48
Ashland Police Association v. City of Ashland
Issued: 09/13/07
|
(1)(g) |
$2,390.00
11.95 hours @ $200/hour
|
Award: $700.00
Complainant Prevailed
Stipulated Facts
Average is 16-25 hours in a stipulated facts case. Average hourly rate is $135-$140. Average award. Although case law clearly prohibited deduction of unemployment benefits from back wages, there was at least some confusion in the appellate courts. The Supreme Court subsequently cleared up any confusion.
|
UP-024-06
22 PECBR 46
Benton County Deputy Sheriff's Association v. Benton County
Issued: 09/10/07
|
(1)(e) |
$3,230
16.15 hours @
$200/hour
|
Award: $750
Complainant Prevailed
Stipulated Facts
Average is 16-25 hours in a stipulated facts case. Average hourly rate is $135-$140. Average award in a refusal to provide information case.
|
UP-022-05
21 PECBR 853
Blue Mountain Faculty Association/Oregon Education Association/NEA and John Lamiman v. Blue Mountain Community College
Issued: 05/30/07 |
(1),(b),(e),(f) |
$32,601.50
239.6 hours @ $105-$135/hour |
Award: $16,300.75
Complainant Prevailed
4 days of hearing
In cases where the Board imposes a civil penalty, the Board typically awards the prevailing party all of its reasonable representation costs. Board finds hours reasonable even through they are 20% higher than average because case was extremely complex and because other party also spent more hours than average (average is 45-50 hours for each day of hearing). $135 per hour is a reasonable rate.
The Association prevailed on 75% of the case; the College prevailed on 25%. The Board offset the percentages and found the Association a 50% prevailing party, and adjusted the award accordingly. |
UP-052/062-03
21 PECBR 810
Service Employees International Union, Local 503, Oregon Public Employees Union v. State of Oregon, Judicial Department
Issued: 05/04/07 |
(1)(a) |
$17,885.10
184.7 hours @ $69-$98/hour |
Award: $1,400
Respondent Prevailed
1-day hearing
Cases average 45-50 hours for each day of hearing. The Board makes a less than average award in cases that present novel issues. |
UP-002-05
21 PECBR 808
Union-Baker ESD Association v. Union-Baker Education Service District
Issued: 04/17/07
|
(1)(e) |
$3,203
23.7 hours @ $135-$140/hour
|
Award: $1,050
Complainant Prevailed
Stipulated Facts
Average award in a refusal to provide information case.
|
UP-033-04
21 PECBR 557
Lebanon Association of Classified Employees v. Lebanon Community School District
Issued: 12/20/06
|
(1)(e) |
$7,937
60.8 hours @ $65-$140/hour
|
Award: $3,100
Complainant Prevailed
1-day hearing
Partial Stipulated Facts
Average award. After the Board Order was issued, the parties had several back pay disputes they could not resolve. They came back to the Board, which then issued a Supplemental Order clarifying the District's back pay obligation.
|
UP-060-02
21 PECBR 555
Service Employees International Union Local 503, Oregon Public Employees Union v.
State of Oregon, Department of Administrative Services, the Homecare Commission and the Department of Human Services (Representation Costs)
Issued: 12/05/06 |
(1)(e) |
$4,083
35.5 hours @ $115/hour
|
Dismissed
Although the Board initially found in Complainant’s favor, the Court reversed that Order. For purposes of rep costs, the Board determines the prevailing party after all appeals of an order have been exhausted or the time for further appeal has expired. After all appeals were exhausted, Complainant did not prevail |
UP-050-05
21 PECBR 551
Ashland Police Association v. City of Ashland
Issued: 11/06/06
|
(1)(e) |
$3,180
15.9 hours @ $200/hour
|
Award: $350
Complainant Prevailed
Stipulated Facts
Both parties prevailed, but only Complainant petitioned for representation costs. Complainant prevailed on 50% of the case, and the Board reduced the request accordingly.
|
UP-032-04
21 PECBR 493
Deschutes County 911 Employees Association v. Deschutes County 911 Service District
Issued: 08/11/06
|
(1)(e) |
|
Dismissed
Complainant failed to comply with OAR 115-35-055(2) by not providing the Board with a proof of service. In accordance with 115-35-055(5) the petition was dismissed.
|
UP-056-04
21 PECBR 438
Lincoln County Education Association v. Lincoln County School District
Issued: 06/21/06 |
(1)(g) |
$5,000
37.3 hours @ $135/hour |
Award: $2,500
Complainant prevailed
Stipulated Facts
Both parties petitioned for representation costs; only Complainant is a prevailing party. Board makes larger-than-average awards in refusal to abide by arbitration award. Board awarded a civil penalty, so the $3,500 cap does not apply. Board awards 50% of reasonable adjusted representation costs. |
UP-042-03
21 PECBR 411
AFSCME Local 3581 v. State of Oregon, Department of Real Estate
Issued: 05/02/06
|
(1)(e)
|
$8,448
55.8 hours @
$80-$160/hour
|
Award: $2,400
Complainant prevailed
1+ days of hearing
Average award in a refusal to provide information case.
|
UP-016-04
21 PECBR 413
Enterprise Education Association v. Enterprise School District No. 21
Issued: 05/02/06
|
(1)(g)
|
$9,270
70.5 hours @
$65-$135/hour
|
Award: $1,250
Complainant prevailed
Partial Stipulation of Facts and less than one day of hearing
Both parties prevailed, but only Complainant petitioned for representation costs. Complainant prevailed on 75% of the case, and the Board reduced the request accordingly. The analysis would be different if Respondent had also petitioned for representation costs for the portion of the case on which it prevailed. The Board makes a less-than-average award in cases that present novel issues.
|
UP-065-99
21 PECBR 197
Arlington Education Association v. Arlington School District No. 3
Issued: 12/07/05
|
(1)(g)
|
$13,718
127 hrs @
$60-$120/hour
|
Award: $500 to Respondent
Both parties prevailed
1-day hearing
Both parties petitioned for representation costs. Respondent prevailed on 67% of the charges and Complainant on 33%. The Board offset the percentages, making Respondent a 34% prevailing party. No recovery for expenses or clerical costs.
|
UP-014-04
21 PECBR 189
Lincoln County Education Association v. Lincoln County School District
Issued: 11/28/05
|
(1)(g)
|
$13,187
103.9 hours @
$65-$135/hour
|
Award: $3,500
Complainant prevailed
2-day hearing
Board makes an average award in a breach of contract case. An average award is roughly one-third of reasonable costs incurred, with a cap of $3,500.
|
UP-010-01
21 PECBR 183
Beaverton Police Association v. City of Beaverton
Issued: 11/22/05
|
(1)(e)
|
$9,590
54.8 hours @
$175/hour
|
Award: $2,000
Complainant prevailed
1-day hearing
Board makes an average award in unilateral change cases (approximately one-third of adjusted representation costs).
|
UP-003-04
21 PECBR 179
Service Employees International Union Local 503, Oregon Public Employees Union v. State of Oregon, Judicial Department
Issued: 11/16/05
|
(1)(a)
|
$4,920
41 hours @
$120/hour
|
Award: $2,500
Complainant prevailed
1-day hearing
An average case takes 45-50 hours per day of hearing. Board generally makes a greater-than-average award in union discrimination cases. Filing fees cannot be recovered as part of representation costs.
|
UP-036-02
21 PECBR 176
Benton County Deputy Sheriff’s Association v. Benton County Sheriff’s Department
Issued: 11/16/05
|
(1)(e)
|
$39,788
222.3 hours @
$179/hour
average
|
Award: $1,850
Respondent prevailed
1-day hearing
Cases average 45-50 hours for each day of hearing. $135 per hour is a reasonable rate. Cases involving novel issues justify a less-than-average award of approximately 25% of reasonable representation costs (rather than 33% in an average award).
|
UP-069-03
21 PECBR 13
IBEW, Local 48 and District Council of Trade Unions v. School District No. 1J, Multnomah County
Issued: 08/15/05
|
(1)(a),(b),
(e),(f)
|
$12,715
96.75 hours @
$37.50-$150/hour
|
Award: $1,150
Respondent prevailed
1-day hearing
Mileage, service fees, postage, photocopies, long distance charges, and filing fees are not recoverable as representation costs. Cases involving novel issues justify a less-than-average award of approximately 25% of reasonable representation costs (rather than 33% in an average award).
|
UP-046-01
20 PECBR 982
Kim Gibson-Boles v.
Oregon AFSCME Council 75, and State of Oregon, Department of Public Safety Standards and Training
Issued: 06/01/05
|
(1)(g)
(2)(a)
|
$14,921
119.3 hours @
$130/hour
|
Award: $1,400
Respondent prevailed
3.5-day hearing
Duty of Fair Representation (DFR) case. Respondents union and employer both prevailed, but only the union petitioned for representation costs. An average case takes 45-50 hours per day of hearing. The Board gives a less-than-average award of approximately 10% of reasonable representation costs against a losing pro se Complainant who relies on personal resources. Board also gives a losing pro se complainant 90 days to pay rather than the usual 30 days.
|
UP-066-03
20 PECBR 860
Teamsters Local 206 v.
City of Coquille
Issued: 02/25/05
|
(1)(a)
|
$2,954
22 hours @
$130/hour
|
Award: $1,430
Complainant prevailed
1-day hearing
The Board makes a larger-than-average award of about 50% of the representation costs reasonably incurred in union discrimination cases (compared to the average award of 33%). Member Thomas dissenting.
|
UP-023/025-03
20 PECBR 816
Portland School District No. 1 v. Portland Association of Teachers
Issued: 01/28/05
|
(2)(e)
(1)(g),(h)
|
$14,037
107.4 hours @
$130-$135/hour
|
Award: $585
Complainant prevailed
2-day hearing
|
UP-039-03
20 PECBR 819
Association of Oregon Corrections Employees v. State of Oregon, Department of Corrections
Issued: 01/28/05
|
(1)(e)
|
$6,545
37.4 hours @
$175/hour
|
Award: $1,000
Complainant prevailed
1-day hearing
37.4 hours is more than average in a case with no objections to the recommended order.
|
UP-064-01
20 PECBR 682
Portland Police Association v. City of Portland
Issued: 06/22/04
|
(1)(e)
|
$9,525
97.7 hours @
$97.49/hour
|
Award: $1,900
Complainant prevailed
2-day hearing
The Board does not award substantial representation costs in cases presenting questions of first impression.
|
UP-007-02
20 PECBR 655
Hillsboro Education Association v. Hillsboro School District
Issued: 06/14/04
|
(1)(e)
|
$19,810
156.2 hours @
$90-$130/hour
|
Award: $2,200
Complainant prevailed
1-day hearing
Board makes an average award in a unilateral change case of approximately one-third of the adjusted representation costs incurred.
|
UP-027-02
20 PECBR 657
Lincoln County Education Association v. Lincoln County School District
Issued: 06/14/04
|
(1)(g)
|
$14,967
119.2 hours @
$125-$135/hour
|
Award: $2,500
Complainant prevailed
1-day hearing
Both parties petitioned for representation costs; only Complainant is a prevailing party. Board discusses when a complaint presents “separate charges” so that each party may prevail for purposes of representation costs. Board makes smaller-than-average awards in matters of first impression and larger-than-average awards in refusal to arbitrate cases. On balance of these competing policies, Board makes an average award.
|
UP-032-01
20 PECBR 650
Coos County Board of Commissioners and AFSCME Local 2936 v. Coos County District Attorney and State of Oregon
Issued: 06/14/04
|
(1)(a),(g)
|
County-$36,926
220.60 hours @
$85-$170/hour
Union-$12,334
97.7 hours @
$75-$130/hour
|
Award to County: $4,250 from Respondent
Award to Union: $3,500 from Respondent
Both Complainants prevailed
1-day hearing
Time spent on claims in forums other than ERB cannot be recovered as representation costs. Smaller-than-average awards for novel issues. Larger-than average awards for union discrimination, refusal to arbitrate, refusal to abide by arbitration award, refusal to comply with grievance adjustment short of arbitration, and flagrant violations. Board awarded a civil penalty, so the $3,500 cap does not apply. Board awards 50% of reasonable adjusted representation costs incurred without regard to the $3,500 cap.
|
UP-014-02
20 PECBR 526
Teamsters Local 670 v. City of Vale
Issued: 12/18/03
|
(1)(a),(b),(c),(e),(f)
|
$26,453
217 hours @
$105-130/hour
|
Award: $3,500
Complainant prevailed
Approximately 3 days of hearing
Both parties petitioned for representation costs. Complainant prevailed. Board discusses when a Complainant states “separate charges” such that each party can prevail. Hours spent by opposing counsel is relevant to determining the reasonable number of hours required. Average award in unilateral change case. An average award is about one-third of representation costs reasonably incurred. Member Thomas dissenting.
|
UP-049-02
Not Published
City of Portland Professional Employees Association v. City of Portland
Issued: 10/31/03
|
(1)(g)
|
$3,919
40.2 hours @
$97.49/hour
|
Award: $700
Respondent prevailed
Stipulated facts, no hearing
Average for cases with stipulated facts presented directly to Board is 16-25 hours. Average award to Respondent when complaint is not frivolous.
|
UP-063-02
Not Published
City of Madras v. Madras Police Employees’ Association
Issued: 10/30/03
|
(1)(e)
(2)(b)
|
Assn – $4,825
29.7 hours @
$135-$180/hour
City – $2,808
16.05 hours @
$175/hour
|
Award: None
Both parties prevailed
Both parties prevailed on 50% of the separate charges. Board offsets (subtracts) the percentages when both parties prevail. Here, both sides get nothing. See footnote 2 for a discussion of the impact of a motion for reconsideration on the timelines of a petition for representation costs.
|
UP-076-99
Not Published
Washington County Police Officers’ Association v. Washington County
Issued: 09/08/03
|
(1)(g)
|
$4,288
24.5 hours @
$175/hour
|
Award: $1,600
Complainant prevailed
Stipulated facts, no hearing
24.5 hours is reasonable for case submitted to the administrative law judge on stipulated facts. Greater-than-average representation costs when Respondent refused to accept an arbitration award.
|
UP-051-02
Not Published
Lincoln County Employees Association v. Lincoln County
Issued: 07/31/03
|
(1)(a)
|
$2,565
28.5 hours @
$90/hour
|
Award: $750
Respondent prevailed
1-day hearing
Average award to Respondent when complaint was not frivolous.
|
UP-003-03
Not Published
International Association of Firefighters, Local 2285 v. Douglas County Fire District #2
Issued: 05/30/03
|
(1)(e)
|
$2,016
14.4 hours @
$140/hour
|
Award: $700
Complainant prevailed
1/2-day hearing before the Board
Both parties petitioned for representation costs; only Complainant prevailed on a “separate charge.” Average award in bad-faith bargaining case (submitting a modified final offer to interest arbitrator).
|
UP-062-02
Not Published
Redmond Police Officers’ Association v. City of Redmond
Issued: 05/30/03
|
(1)(e)
|
$1,602
8.9 hours @
$180/hour
|
Award: $550
Complainant prevailed
Expedited hearing
Average award in a refusal to bargain case.
|
UP-053-00
Not Published
Lincoln County Education Association v. Lincoln County School District
Issued: 05/20/03
|
(1)(e)
|
$13,951
139.4 hours @
$65-$125/hour
|
Award: $3,300
Complainant prevailed
1+ days of hearing
Average award in a unilateral change case.
|
UP-018-99
Not Published
Jefferson County v. Oregon Public Employees Union
Issued: 05/19/03
|
(2)(b),(g)
|
|
Award: None
Respondent’s petition was dismissed as untimely. A petition for representation costs must be filed within 21 days of the date of the Order for which costs are requested. Respondent could have, but did not, file a separate petition for representation costs incurred on remand.
|
UP-013-02
Not Published
SEIU Local 503, OPEU v. State of Oregon, Oregon State Hospital
Issued: 05/06/03
|
(1)(e)
|
$12,907
142.9 hours @
$46-$97/hour
|
Award: $2,200
Respondent prevailed
1-day hearing
Average award in a scope of bargaining case.
|
UP-061-98
Not Published
Oregon University System (OUS) v. Oregon Public Employees Union, Local 503
Issued: 04/24/03
|
(2)(d)
|
$19,682
151.4 hours
$130/hour
|
Award: $3,500
Respondent prevailed
2-day hearing
Complainant prevailed on the Order on Reconsideration which was reversed by the Court of Appeals. Respondent prevailed on the Order on Remand. Less-than-average award for novel issues. Costs incurred on appeal and filing fees cannot be recovered as representation costs.
|
UP-083-99
Not Published
Salem-Keizer Association of Classified Employees v. Salem-Keizer School District 24J
Issued: 04/10/03
|
(1)(g)
|
$11,151
97.8 hours @
$50-$125/hour
|
Award: $3,500
Complainant prevailed
2-day hearing
Larger-than-average award for refusal to implement arbitration award.
|
