Fiscal year 2009-2010 is over. PERB’s annual report for 2009-2010 is not due until October 1, 2010. However, I have been keeping track of PERB’s decisions throughout the year. So unless there are additional cases issued before June 30th that PERB has not posted on its website, I have the final tally for the year. For fiscal year 2009-2010, PERB issued 79 decisions. The year before, fiscal year 2008-2009, PERB issued 89 decisions. However, PERB had five board members in 2008-09, while it had only four board members for most of 2009-2010, and ended the last few months with only three board members. So given that PERB only had about 3.5 board members this year, and was subject to 3-day a month furloughs, 89 decisions is not bad at all.
Here are some other statistics for the 2009-2010 fiscal year:
Decisions by Statute:
- MMBA: 33
- Dills Act: 17
- EERA: 15
- HEERA: 12
- Court Interpreter: 2
Decisions by Type:
- Appeals from Dismissals: 49 (15 of which were DFR’s)
- Exceptions to ALJ Decisions: 23
- Approval of Settlement: 1
- Administrative Appeal: 2
- Reconsideration: 2
- Unit Modification: 1
- Amend Certification: 1
- Dismissal Affirmed: 44
- Dismissal Overturned/Partially Overturned: 5
- ALJ Decisions Affirmed: 14
- ALJ Decision Overturned/Partially Overturned: 9
- Dowdin: 29
- Wesley: 20
- McKeag: 15
- Neuwald (Term ended 2/28/10): 15
- There were 5 dissents in the last year: 2058M (Neuwald); 2107H (McKeag); 2106S (McKeag); 2103M (Dowdin); 2094H (Neuwald).
- I need to confirm this, but I believe this is the first year that the MMBA has generated the most cases from the Board. Last year, the MMBA and EERA were tied at 34 each. I believe that before that EERA has always been the dominant Act. This year, it wasn’t close. The MMBA generated 33 cases while EERA only generated 17.
- The only other major statistic that stands out to me is the Board’s affirmance rate. The rate that dismissals were affirmed by the Board was 89.7%, which is consistent with the historical average of 90%+. However, what is surprising to me is that only 60.8% of the proposed ALJ decisions were affirmed in their entirety. 9 out of 23 proposed ALJ decisions were partially or completely overturned. This is a significant statistic because I think it will only drive more cases to the Board. As a litigant, I’m much more likely to appeal a case to the Board if I have a 40% chance of success (even if it’s only a partial success) versus only a 10% chance. 40% isn’t good, but it’s a whole lot better than 10%.