PERB Issues 2010-11 Annual Report

PERB recently released its annual report for fiscal year 2010-2011. (The report is available here.) Here are some of the highlights for the 2010-2010 fiscal year:

Unfair Practice Charges

744 unfair practice charges (UPCs) were filed in fiscal year 2010-11.  This represents a 7.2% decrease from fiscal year 2009-10 in which 802 UPC’s were filed.  That’s the second year in a row that PERB saw a 7% decrease in the filing of UPC’s.  The 744 figure for 2010-11 is the lowest number of UPCs filed since the 2001-02 fiscal year when 740 UPC’s were filed.  The 2001-02 fiscal year was the first fiscal year after PERB took over jurisdiction for the MMBA.  Prior to the 2001-02 fiscal year, PERB average around 550 UPC’s per year.

The decrease in UPC’s can be attributed to the Dills Act (61 UPC’s versus 82 in 2009-10), HEERA (78 UPCs versus 117 in 2009-10), and EERA (276 UPC’s versus 308 in 2009-10).
Running counter to the trend was the MMBA which saw a 17.9% increase in UPC’s.

The decrease in UPC filings goes against the prediction I made last year. That’s two years in a row that I had predicted an increase in UPC’s only to see the opposite.  For next year, I predict that the Dills Act and HEERA will stay about the same if not decrease because many of the bargaining units now have contracts.  As for EERA, that remains a big unknown; although my feeling at this time is that UPC’s will stay the same or increase
slightly.  MMBA also remains a big unknown especially with the passage of AB 646 requiring fact-finding.  My prediction for the MMBA is also that it will remain the same or increase slightly. So overall, my feeling is that UPC’s for 2011-12 will stay in the 750-800 range.

ALJ Proposed Decisions

In 2010-11, the ALJs at PERB issued 38 proposed decisions. This is a big decrease (a 32% drop) from the 57 decisions issued in 2009-10.  The average number of days to render a decision in 2010-11 was 122 days, a 41.8% increase from the 86 day on average that it took render a decision in 2009-10.  I’m sure some of the decrease is due to staffing, as last year we had the unexpected passing of Chief ALJ Bernie McMonigle.  I know that the new Chief ALJ, Shawn Cloughesy, has put a high priority on getting ALJ decisions issued.  I’m almost certain that next year we’ll see an increase in ALJ decisions as well as a decrease in the time it takes to issue them.

Year: # of Proposed Decisions (Average # of Days)

2010-11: 38 (122)

2009-10: 57 (86)

2008-09: 52 (94)

2007-08: 44 (94)

2006-07: 41 (85)

2005-06: 46 (100)

2004-05: 49 (63)

2003-04: 47 (53)

2002-03: 52 (53)

Board Decisions

For 2010-11, the Board itself issued 79 decisions.  It also considered 16 injunctive relief (IR) requests.  The 79 decisions issued is the same number of decisions issued in 2009-10.
For 2010-11, I expect the number of Board decisions to remain about the same.  This is because the Board still has one vacancy and could very well see another one if Board Member McKeag is not re-appointed by Governor Brown.  Current statistics bear this out.  As of October, the Board has issued 25 decisions.  That means the Board is on track to issue 75 decisions, about the same as last year.

The chart below lists the number of decisions issued by the Board since 2001. (In past years, the Board has sometimes included IR requests in its decision count. So to make things easier, I have listed the number of Board decisions, IR requests, and the total.)

Year: # of Board Decisions/IR Requests/Combined Total

2010-11: 79/16/95

2009-10: 79/13/92

2008-09: 89/19/108

2007-08: 65/28/93

2006-07: 87/16/103

2005-06: 80/23/103

2004-05: 142/14/156

2003-04: 128/13/141

2002-03: 73/14/87

2001-02: 44/23/67

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