PERB’s End of Fiscal Year Numbers

Overview:  PERB issues 79 decisions

PERB’s fiscal year runs from July 1 to June 30.  So fiscal year 2010-2011 is over.  PERB’s annual report for 2010-2011 is not due until October 1, 2011.  However, a few years ago I started to keep track of PERB’s decisions as they were issued throughout the year.  According to my records, PERB issued 79 decisions in fiscal year 2010-11.  This is exactly the same number of decisions PERB issued in fiscal year 2009-10.  The year before that—fiscal year 2008-2009—PERB issued 89 decisions.

Here are some other statistics for the 2010-2011 fiscal year:

Decisions by Statute:

MMBA: 34
Dills Act: 12
EERA: 23
HEERA: 9
Trial Court: 1
Court Interpreter: 0
LA Met:  0

Decisions by Type:

Appeals from Dismissals: 43 (15 of which were DFR’s)
Exceptions to ALJ Decisions: 21
Approval of Settlement: 4
Administrative Appeal (AA): 5
Reconsideration: 3
Unit Modification: 2
Judicial Review: 1

Decisions by Outcome:

Dismissals/AA’s Affirmed: 45
Dismissals/AA’s Overturned/Partially Overturned: 3
ALJ Decisions Affirmed: 11
ALJ Decisions Overturned/Partially Overturned: 10
Miscellaneous (Judicial Review, Settlements, Recon’s, Unit
Mod’s): 10

Decisions by Board Member:

Dowdin: 35
Wesley (Term ended 2/28/11): 18
McKeag: 20
Miner: 6

Other Interesting Facts:

  1. There were 4 dissents in the last year: A384-E (Wesley); 2154-S (Wesley); 2162-S (Wesley); and 2106-Sa (McKeag).
  2. The Board’s affirmance rate of dismissals remains extremely high.  The rate that dismissals were  affirmed by the Board was 93.8% (45 out of 48 dismissals were affirmed).
  3. In contrast, the Board’s affirmance rate of ALJ decisions was only 52.3% (11 of out 21 ALJ decisions were affirmed).
  4. The most surprising statistic was the Board’s treatment of ALJ decisions where the ALJ had found a violation of law.  There were 12 ALJ decisions appealed to the Board where the ALJ found a violation of law.  Of these 12, 10 were overturned or partially overturned.  In only 2 cases did the Board affirm an ALJ
    decision finding a violation (and one of those occurred on June 30th).
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