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ATTORNEYS FEES
SUMMARY OF ATTORNEY FEE ORDERS ISSUED
JANUARY 1, 2003 TO PRESENT
 

In preparing this table, the Board has attempted to summarize accurately the noted Board Orders. The Board's decisions on the respective fee petitions are contained in those Board Orders, not this table. 

 
Updated July 17, 2013 
Case No.
Attorney Fees Cite
Case Name
Date Issued
ORS 243.672
Subsection Claim
Total Costs Claimed
Award and Summary of Order
 
UP-017-08
25 PECBR 579
 
Rogue River Education Association/Southern Oregon Bargaining Council/OEA/NEA v. Rogue River School District No. 35
 
Issued: 06/21/13
(1)(g)
$6,967.50
 
48.8 hours @ $145-150/hour
Award:   $1,312
Complainant Prevailed
One-day hearing
 
Lower-than-average award. The average rate is $165-$170/hour, and an average case on appeal takes 35 hours. The number of hours spent is higher than average and the hourly rate is lower than average, factors considered by the Board. Court of Appeals clarified that a discovery rule was applicable, and on remand, the complainant prevailed, a significant modification from the original order.
25 PECBR 116
 
Portland Police Association v. City of Portland
 
Issued: 10/02/12
(1)(g)
$10,456.25
 
59.75 hours @ $175/hour
Award:  $2,300
Complainant Prevailed
One-day hearing
 
The Board typically makes a larger-than-average award when a party unlawfully refuses to arbitrate a grievance. The average rate is $165-$170/hour, and the average hours spent on an appeal is 35. The hourly rate is slightly higher than average, and the number of hours spent is above average, factors considered by the Board.
​​
 
UP-011-08
25 PECBR 78
 
Oregon AFSCME Council 75, Local #2502 v. Hood River Count
 
Issued: 09/10/12
1(b),(f)
$7,591.50
 
46.9 hours @$150 - $165
Award: $2,100
Complainant Prevailed
Stipulated Facts
 
The average rate is $165-$170 per hour of attorney time. A stipulated fact case of normal complexity takes an average of 16-25 hours. and the average hours spent on an appeal is 35. The hourly rate is lower than average, and the number of hours spent is above average, factors considered by the Board. The Board generally makes a greater-than average award involving interference with union activities.
UP-026-06
24 PECBR 726
 
AFSCME Council 75, Local 3694 v. Josephine County
 
Issued:  03/21/12
(1)(a), (b), (c)
$11,732.50
 
72.7 hours @ $155 - $165/hour
Award:  $11,732.50
Complainant Prevailed
3 days of hearing
 
In cases where the Board imposes a civil penalty, the Board typically awards the full amount of attorneys fees reasonably incurred on appeal. The number of hours devoted to this appeal is more than double the average of 35 hours, but it required considerably more work than a normal appeal. This included responding to an Intervenor’s brief and to an assertion the Court of Appeals found to be frivolous.
 
UP-032-07
24 PECBR 375
 
Gresham-Barlow Education Association/OEA/NEA v. Gresham-Barlow School District No. 10J
 
Issued:  08/03/11
(1)(a)
$8,134
 
55.3 hours @ $130-$150/hour
Award:   $2,500
Complainant Prevailed
 
The average rate is $165-$170/hour, and an average case takes 35 hours on appeal. The number of hours spent is higher than average and the hourly rate is lower than average, factors considered by the Board. The Board typically makes a larger than average award when an employer violates subsection (1)(a).
UP-004-08 
23 PECBR 797
 
Clackamas County Employees Association v. Clackamas County
 
Issued:  06/09/10
(1)(g) $7,881.22
 
271.2 hours @ $63 - $113/hour
Award: $0
 
The Board held that neither party committed an unfair labor practice. The Court of Appeals affirmed and the Supreme Court denied review. The prevailing party petitioned for attorney fees on appeal. The Board denied any fees. The language and structure of ORS 243.676 indicate that the Board can award attorney fees on appeal only when a party committed an unfair labor practice.
UP-065-99
21 PECBR 197
 
Arlington Education Association v. Arlington School District
No. 3
 
Issued:  12/07/05
(1)(g)
Resp.‑$10,612
 
95.4 hours @
$45‑$125/hour
 
Comp.‑$24,808
 
Adjusted to
32.8 hours
$130‑$135/hour
Award to Respondent:  $1,100
Award to Complainant:  $1,600
Net Award:  $500 to Complainant
 
Two appeals; each party prevailed on one appeal.  Separate award on each petition, with amounts offset. 
UP-010-01
21 PECBR 186
 
Beaverton Police Association v. City of Beaverton
 
Issued:  11/22/05
(1)(e)
$9,590
 
28.75 hours
$175‑$200/hour
Award:  $1,100
Complainant prevailed
 
25 hours is average for an appeal, and $135 per hour is an average rate.  Average award in a unilateral change case.
UP-007-02
20 PECBR 731
 
Hillsboro Education Association v. Hillsboro School District
 
Issued:  07/15/04
(1)(e)
$5,902
 
46 hours @
$65‑$135/hour
Award:  $1,800
Complainant prevailed
 
Average award in a unilateral change case.
UP-053-00
Not Published
 
Lincoln County Education Association v. Lincoln County School District
 
Issued:  05/20/03
(1)(e)
$4,206
 
34.3 hours @
$65‑$135/hour
Award:  $1,400
Complainant prevailed
 
34.3 hours is reasonable.  Average award in a unilateral change case.
UP-083-99
Not Published
 
Salem-Keizer Association of Classified Employees v. Salem-Keizer School District 24J
 
Issued:  05/06/03
(1)(g)
$2,927
 
24.3 hours @
$125/hour
Award:  $2,200
Complainant prevailed
 
Larger-than-average award in cases involving refusal to comply with an arbitration award.
UP-012-01
Not Published
 
Service Employees International Union Local 503, Oregon Public Employees Union v. State of Oregon, Department of Administrative Services
 
Issued:  02/10/03
(1)(e)
$4,485
 
39 hours
$115/hour
Award:  $1,500
Complainant prevailed
 
Premature filing accepted; average award in a refusal to bargain case.