PERB Mid-Year Review

Half of fiscal year 2011-12 is over.  Here’s a look at some of the key statistics through December 31, 2011:

Total Number of Board Decisions (from 7/1/11-12/31/11):  44

Decisions by Statute:
MMBA: 20
EERA: 13
Dills Act: 5
HEERA: 4
Court: 2

Decisions by Type:
Appeals from Dismissals: 29 (15 of which were DFR’s)
Exceptions to ALJ Decisions: 8
Approval of Settlement: 3
Judicial Review: 1
Reconsideration: 2
Representation: 1

Dismissals and ALJ Decisions by Outcome:
Dismissal/ALJ Decisions affirmed: 35
Dismissal/ALJ Decisions reversed : 2

Decisions by Board Member:

Dowdin: 15
Martinez: 15
McKeag: 7
Huguenin: 7

Comments:

  1. 42 of the 44 decisions were unanimous. Only two decisions drew a dissent: 2196-S and 2195-H.  Both dissents were by Member Huguenin.  Member Huguenin also filed a concurrence in 2201-H.
  2. The affirmance rate for dismissals during the first half of the year was 100%.  Of the eight ALJ decisions taken to the Board, two decisions (both finding a violation) were reversed while the others were affirmed.  So it’s still tough getting a decision reversed at the Board level.
  3. Member McKeag’s term has expired.  By statute, she can remain on the Board for sixty days unless the Governor takes action sooner.  If Member McKeag is not reappointed, it will be interesting to see whether the Governor decides to leave the position vacant or fill it with another appointee.  A  fifth position on the Board has remained vacate since before the beginning of the fiscal year.
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