Attorneys’ Fees Awarded as Make Whole Remedy for Refusal to Arbitrate
Sacramento City Unified School District (2020) PERB Dec. No. 2749-E (Issued on 11/02/20)
The district and union in this case were parties to a collective bargaining agreement (CBA) containing a grievance procedure culminating in binding arbitration. The union sought to arbitrate a grievance (the details of which are not relevant to my discussion of this case). The district refused. The union filed a motion to compel arbitration in superior court and prevailed.
The union then filed an unfair practice charge with PERB alleging that the district’s refusal to arbitrate the grievance constituted an unlawful unilateral change; namely, a repudiation of the parties’ CBA grievance provision. The ALJ agreed and PERB affirmed. Notably, PERB affirmed the ALJ’s order that to make the union whole, the district was required to reimburse the union for its attorneys’ fees incurred in bringing the motion to compel arbitration.