Wasco County v. American Federation of State, County & Municipal Employees

Petitioner, the prevailing party in Wasco County v. AFSCME, 30 Or App 863, 569 P2d 15 (1977), has moved for an award of attorney fees under ORS 183.495, which provides:

"Upon judicial review of a final order of an agency when the reviewing court reverses or remands the order it may, in its discretion, award costs, including reasonable attorney fees, to the petitioner to be paid from funds appropriated to the agency.”

Petitioner asks that we order respondent, the Employment Relations Board, to pay its attorney fees from funds appropriated to the agency. We decline to do so.

Contested-case…