PERB’s End of Fiscal Year Numbers

Overview: PERB issues 100 decisions

PERB’s fiscal year runs from July 1 to June 30. So fiscal year 2011-2012 is over. PERB’s annual report for 2011-2012 is not due until October 1, 2012. However, here are some preliminary numbers based on my tracking of PERB decisions.  For fiscal year 2011-2012, PERB issued 100 board decisions (not including decisions on injunctive relief requests).  This is the highest number of decisions issued by PERB since 2004-2005.  I’ll have a more thorough breakdown of the board’s decisions once the annual report is released.  Until then, here are some more preliminary numbers:

Decisions by Statute:

MMBA: 46
EERA: 34
HEERA: 9
Dills Act: 8
Trial Court: 2
Court Interpreter: 1
LA Met: 0

Decisions by Type:

Appeals from Dismissals: 56 (27 of which were DFR’s)
Exceptions to ALJ Decisions: 22
Approval of Settlement: 9
Administrative Appeal (AA): 6
Reconsideration: 6
Judicial Review: 1
Unit Modification: 0

Decisions by Outcome:

Dismissals/AA’s Affirmed: 51
Dismissals/AA’s Overturned/Partially Overturned: 11
ALJ Decisions Affirmed:  15
ALJ Decisions Overturned/Partially Overturned:  7
Miscellaneous (Judicial Review, Settlements, Recon’s, Unit
Mod’s): 16

Decisions by Board Member:

Martinez (Appointed 5/2/11):  37
Dowdin: 34
Huguenin (Appointed 5/2/11):  21
McKeag (Term ended 2/29/12):  8

Other Interesting Facts:

  1. There were 4 concurrences and 2 dissents last year: Member Huguenin filed 3 concurring opinions (2273-E; 2240-E; 2201-E); Member Dowdin filed 1 concurring opinion (2277-M) and Member Dowdin also filed 2 dissenting opinions (2195-H; 2196-S).
  2. The Board’s affirmance rate of dismissals and administrative decisions was 82.3% (51 out of 62).  That’s about where you would expect the rate to be.  This is compared to last year where the Board affirmed 93.8% of the dismissals and administrative decisions.
  3. The Board’s affirmance rate of ALJ decisions was 68.2% (15 out of 22).  This statistic is slightly higher than last year’s 52.3%.
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