(a)
(1)
An employee organization that is subject to the jurisdiction of the Public Employment Relations Board may bring a claim before the board alleging that a public employer violated Section 3550. Upon a finding by the board that the public employer violated Section 3550, the employer shall be subject to a civil penalty, to be deposited in the General Fund, of up to one thousand dollars ($1,000) per each affected employee, not to exceed one hundred thousand dollars ($100,000) in total, and shall be subject to
attorney’s fees and costs, as described in subdivision (b).
(2)
The Public Employment Relations Board shall apply the following criteria when assessing a civil penalty pursuant to paragraph (1):
(A)
The public employer’s annual budget.
(B)
The severity of the violation.
(C)
Any prior history of violations by the public employer.
(b)
(1)
The Public Employment Relations Board shall award attorney’s fees and costs to a prevailing employee organization unless the board finds the claim was frivolous, unreasonable, or groundless when brought, or the employee organization continued to litigate after it clearly became so. The attorney’s fees and costs shall be calculated from the inception of proceedings before the board’s Division of Administrative Law until final disposition of the claim by the board.
(2)
Notwithstanding paragraph (1), the board shall not award attorney’s fees and costs under this section for any proceedings before the board that challenge the dismissal of an unfair practice charge by the board’s Office of the General Counsel.
(3)
If the board initiates proceedings with the superior court to enforce or achieve compliance with a board order pursuant to this section or is required to defend a decision of the board involving this section after an employer seeks judicial review, the court shall award the board attorney’s fees and costs if the board is the prevailing party.
