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REPRESENTATION COST ORDERS ISSUED JANUARY 1, 2003, TO PRESENT
SUMMARY OF REPRESENTATION COST ORDERS
JANUARY 1, 2003 TO July 2013
 
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.
Rep. Cost Cite
Case Name
Date Issued
ORS 243.672
Subsection Claim
Total Costs
Claimed
Award and Summary of Order
 
UP-035-10
25 PECBR 610
 
International Longshore and Warehouse Union, Local 28 v. Port of Portland
 
Issued: 06/28/13
(1)(a),(b),(c)
$14,190
 
96.4 hours @ $105-150/hour
Award:   $3,500
Complainant Prevailed
Two-day hearing
 
The Board typically makes a greater-than-average award when a party unlawfully interferes with protected union activities. The average rate is $165-$170/hour, and an average case takes 45-50 hours per day of hearing. The hourly rate is higher than average, and the number of hours spent is average, factors considered by the Board.
 
UP-017-11
25 PECBR 608
 
American Federation of State, County and Municipal Employees, Council 75, Local 132 v. Oregon Employment Division, Child Care Division
 
Issued: 06/28/13
(1)(e)
$14,786
 
109.9 hours @ $137-143/hours
Award:   $2,383
Respondent Prevailed
One-day hearing
 
The Board recognizes that novel issues can take longer to research and brief. The average rate is $165-$170/hour, and an average case takes 45-50 hours per day of hearing. The hourly rate is lower than average and the number of hours spent considerably higher than average, factors considered by the Board. The Board generally adjusts the award downward in cases that present a novel legal issue.
 
UP-017-08
25 PECBR 577
 
Rogue River Education Association/Southern Oregon Bargaining Council/OEA/NEA v. Rogue River School District No. 35
 
Issued: 06/21/13
(1)(g)
$6,345
 
43.3 hours @ $75-150/hour
Award:   $1,586
Complainant Prevailed
One-day hearing
 
Average award. The average rate is $165-$170/hour, and an average case takes 45-50 hours per day of hearing. The hourly rate is lower than average, and the number of hours spent is slightly lower than average, factors considered by the Board. The Board generally adjusts the award downward in cases that present a novel legal issue.
 
UP-024-11
25 PECBR 479
 
Jackson County v. Jackson County Sheriff’s Employees Association
                                       
Issued:  04/30/13
(2)(b)
$8,055
 
35.8 hours @ $225/hour
Award:   $2,029
Respondent Prevailed
One-day hearing
 
Average award. The average rate is $165-$170 per hour of attorney time, and an average case takes 45-50 hours per day of hearing. Complainant claimed an hourly rate above the average, but claimed fewer than average hours for a 1-day hearing. In cases involving bad faith bargaining charges, we normally award approximately one-third of the prevailing party’s reasonable representation costs, up to the $3,500 limit.
 
UP-056-09
25 PECBR 353
 
Amalgamated Transit Union, Division 757, v. Tri-County Metropolitan Transportation District
 
Issued: 12/28/12
(1)(e)
$27,357
 
166.0 hours @ $165/hour
Award:   $26,000
Complainant Prevailed
Four-day hearing
 
The average rate is $165-$170 per hour of attorney time. An average case takes 45-50 hours per day of hearing. In cases where the Board imposes a civil penalty, the Board typically awards the prevailing party all of its reasonable representation costs. Award reduced due to less than $1,000 civil penalty awarded, and that Complainant’s conduct “may have unduly prolonged the hearing.”
 
UP-061-09
25 PECBR 187
                   
Eagle Point Education Association/OEA/NEA v. Jackson County School District No. 9
 
Issued: 10/29/12
(1)(a),(b),(e)
$14,080
 
66.5 hours @ $210-220/hour
Award:   $3,200
Respondent Prevailed
Two-day hearing
 
Average award. The average rate is $165-$170/hour, and an average case takes 45-50 hours per day of hearing. The hourly rate is considerably higher than average, and the number of hours spent is lower than average, factors considered by the Board.
 
UP-023-10
25 PECBR 172
 
Clackamas County Employees’ Association v. Clackamas County
 
Issued:  10/16/12
(1)(e)
$5,890
 
47.5 hours @ $124/hour
Award:    $1,960
Respondent Prevailed
One-day hearing
 
Respondent prevailed on a claim of bad faith bargaining in violation of ORS 243.672(1)(e).

Average award. The average rate is $165-$170 per hour of attorney time. An average case takes 45-50 hours per day of hearing. In cases involving bad faith bargaining charges, we normally award approximately one-third of the prevailing party’s reasonable representation costs, up to the $3,500 limit.
 
UP-022-10
25 PECBR 150
 
American Federation of State, County and Municipal Employees Council 75, Local 88 v. Multnomah County
 
Issued: 10/10/12
(1)(a),(c)
$6,253.50
 
37.9 hours @ $165/hour
Award:    $2,400
Complainant Prevailed
One-day hearing
 
The average rate is $165-$170 per hour of attorney time. An average case takes 45-50 hours per day of hearing. The Board generally makes a greater-than average award involving interference with union activities.
 
UP-005-08
25 PECBR 118
 
Portland Police Association v. City of Portland
 
Issued: 10/02/12
(1)(g)
$14,882.50
 
59.53 hours @ $250/hour
Award:    $3,200
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 an average case takes 45-50 hours per day of hearing. The hourly rate is considerable higher than average, and the number of hours spent is slightly higher than average, factors considered by the Board.
 
UP-016-06
25 PECBR 90
 
Wy-East Education Association/East County Bargaining Council/Oregon Education Association, et al v. Oregon Trail School District No. 46
 
Issued: 09/21/12
(1)(a)
ULP:
$31,102.94
238.50 hours @ $64 - $145/hour
 
Remand:
$6,693.07
43.7 hours @ $145/hour
Award:    $23,100
Complainant Prevailed on 95% of the case
Respondent Prevailed on 5% of the case
3 days of hearing –  ULP
Written arguments in lieu of hearing –  Remand
 
The average rate is $165-$170 per hour of attorney time. An average case takes 45-50 hours per day of hearing and a stipulated fact case of normal complexity an average of 16-25 hours. The case on remand was more complex than the average case, and the hourly rate less than average, factors considered by the Board. In cases where the Board imposes a civil penalty, the Board typically awards the prevailing party all of its reasonable representation costs. In this case, several factors warrant a modest reduction, including the litigation of issues of first impression.
 
UP-011-08
25 PECBR 75
 
Oregon AFSCME Council 75, Local #2502 v. Hood River Count
 
Issued: 09/10/12
1(b),(f)
$7,500
 
54.5 hours @$75 - $150
Award: $2,000
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. The hourly rate is lower than average and the number of hours spent is higher than average, factors considered by the Board. The Board generally makes a greater-than average award involving interference with union activities.
UP-016-11
24 PECBR 806
 
Amalgamated Transit Union, Division 757 v. Tri-County Metropolitan Transportation District of Oregon
 
Issued: 05/15/12
​(1)(a), (b), (e)

​$11,250

 

90 hours@ $125/hour

Award:      $2,100
Complainant Prevailed
One-day hearing 

Complainant prevailed on a claim of bad faith bargaining in violation of ORS 243.672(1)(e).

Average award. The average rate requested in rep cost petitions over the past 3 years is $165-$170 per hour of attorney time. An average case takes 45-50 hours per day of hearing. Complainant claimed an hourly rate below the average, but claimed 90 hours for a 1-day hearing. This case was not more complex than average and did not justify more than an average award.

 
UP-007-08
24 PECBR 769
 
Clackamas County Employees’ Association v. Clackamas County/Clackamas County District Attorney
 
Issued: 04/24/12
(1)(a)
$4,275
 
28.5 hours @ $150/hour
Award:   $1,425
Complainant Prevailed
One-day hearing
 
The average rate is $165-$170/hour, and an average case takes 45-50 hours per day of hearing. The number of hours spent and the hourly rate are lower than average, factors considered by the Board. The Board usually adjusts the award upward when an employer violates subsection (1)(a) and generally reduces the percentage in cases that present novel legal issues. This case required a Court of Appeals decision to establish the proper interpretation of the statute. The Board balanced these competing policies and concluded that an average award is appropriate.
24 PECBR 720
 
AFSCME Council 75, Local 3694 v. Josephine County
 
Issued:  03/21/12
(1)(a), (b), (c)
$25,894
 
170.7 hours @ $75 - $165/hour
Award:  $23,500
Complainant Prevailed
3 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. In this case, several factors warrant a modest reduction, including the issues of first impression in the compliance phase.
 
$165-170 per hour is a reasonable rate. The Board finds the hours reasonable even though they are higher than average. The case was extremely complex and there were an extraordinary number of collateral proceedings on motions that required additional briefing.
 
UP-032-07
24 PECBR 372
 
Gresham-Barlow Education Association/OEA/NEA v. Gresham-Barlow School District No. 10J
 
Issued:  08/03/11
(1)(a)
$22,731
 
161.05 hours @ $140-$150/hour
Award:   $3,500
Complainant Prevailed
Three-day hearing
 
The average rate is $165-$170/hour, and an average case takes 45-50 hours per day of hearing. The number of hours spent is higher than average and the hourly rate is lower than average, factors considered by the Board. The Board usually adjusts the award upward when an employer violates subsection (1)(a). Even an average award would exceed the $3,500 cap, so the award is the maximum amount permitted by Board rules
24 PECBR 305
 
Eugene Police Employees’ Association v. City of Eugene
 
Issued:  06/02/11
(1)(e), (f), (g)
$39,399.10
 
218.9 hours @ $96 - $205/hour
Award:  $3,500
Respondent Prevailed
2 days of hearing
 
When cases are consolidated, the Board issues just one award, which is subject to the $3,500 cap. $170/hour is a reasonable rate. The Board recognizes that novel issues can take longer to research and brief. An average case takes 45-50 hours per day of hearing. The number of hours spent and the hourly rate are higher than average, factors considered by the Board. The Board generally makes an average award in cases involving unilateral change or breach of contract, but adjusts the award downward in cases that present a novel issue.
24 PECBR 178
                    
 
SEIU Local 503, OPEU v. State of Oregon, Department of Transportation
 
Issued: 01/19/11
(1)(a)
SEIU: $7,650.00
 
45 hours @ $170/hour
Award:  $2,800
Complainant Prevailed
1 day of hearing
 
$170/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. The Board will not reconsider the merits of the underlying decision in a rep cost proceeding.
24 PECBR 52
 
Kevin Zemmer and Ronald Kirk v. American Federation of State, County and Municipal Employees and State of Oregon, Department of Corrections
 
Issued: 12/16/10
(1)(g) and (2)(a)
$606.20
 
4.6 hours @
$77-$137/hour
Award:  $60
Respondent State of Oregon, ODOT Prevailed Complaint Dismissed (no hearing)
 
$137/hour is a reasonable rate. In DFR cases, where complainants rely on their personal resources to litigate the claim, the Board generally makes a smaller-than-average award.
23 PECBR 853
 
Bryan L. Sisney v. IBEW Local 659 and Eugene Water and Electric Board
 
Issued:  08/04/10
(1)(g) and (2)(a)
$1,624.50
 
5.7 hours @ $285/hour
Award:  $90
Respondent Prevailed
Complaint Dismissed (no hearing)
 
The hourly rate is considerably higher than average. The average rate is $165-$170 per hour. In DFR cases, where complainants rely on their personal resources to litigate the claim, the Board generally makes a smaller-than-average award, usually about 10% of the reasonable representation costs. The Board also gives the individual 90 days to pay the award rather than the typical 30 days.
23 PECBR 510
 
Chemeketa Community College Classified Employees Association v. Chemeketa Community College
 
Issued:  07/20/10
(1)(a)
$3,960.00
 
24 hours @ $165/hour
Award:  $1,600
Complainant Prevailed
1 day of hearing
 
$165/hour is a reasonable rate. The number of hours spent is well below the average in similar cases, 45-50 hours per day of hearing. The Board generally makes a greater-than-average award in cases involving interference with union activities.
23 PECBR 734
 
Hood River County v. Oregon AFSCME Council 75, Local 1082
 
Issued:  05/17/10
1(b)(d)
$8,236.90
 
46.68 hours @ 102.50-$205.00/hour
Award: $1,975
Complainant Prevailed
1 day of hearing
 
Less-than-average award. The hourly rate is higher than average. The Board generally makes an average award in cases involving bad-faith bargaining or breach of contract, but adjusts the award downward in cases that present a novel issue.
23 PECBR 737
 
Clackamas County Employees’ Association v. Clackamas County
 
Issued:  05/17/10
(1)(a)
$632.80
 
5.6 hours @ $113/hour
Award:  $210
Respondent Prevailed
Complaint Dismissed (no hearing)
 
Average award in unilateral change cases. The hourly rate is lower than average and the number of hours is reasonable.
23 PECBR 510
 
Dallas Police Employees Association v. City of Dallas
 
Issued:  01/25/10
(1)(a)(b)(e)
$5,877.50
 
26.1 hours @ $225/hour
Award:  $1,650
Complainant Prevailed
1 day of hearing
 
The average rate requested in representation cost petitions filed over the past three years is $165-$170 per hour. An average case takes 45-50 hours per day of hearing. The number of hours spent is less than average, but the hourly rate is considerably higher than average, factors considered by the Board. The Board generally makes a greater-than-average award in cases involving interference with union activities.
23 PECBR 445
 
Eugene Charter School Professionals, AFT, AFL-CIO v. Ridgeline Montessori Public Charter School
Issued: 12/30/09
(1)(a)
$14,707.00
54.7 hours @ $370 to 115/hour
Award: $2,500
Respondent Prevailed
1 day of hearing
 
 
Average award. $155/hour is a reasonable rate. An average case takes 45-50 hours per day of hearing.
23 PECBR 384
 
Teamsters Local 670 v. City of Ontario
 
Issued: 10/13/09
(1)(g)
$3,500.00
35.4 hours @ $150 to $155 per hour
Award: $940
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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. 
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. 
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).
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.
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.
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.
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. 
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.
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. 
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
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.
 
 
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.
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.
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.
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.
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.
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.
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).
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.
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).
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).
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.