PERB’s End of Fiscal Year Numbers

Overview: PERB issues 74 decisions

PERB’s annual report is due October 15th. So the report for fiscal year 2014-2015 should be available on PERB’s website any day now. Until then, I have some preliminary numbers based on my tracking of PERB decisions.  Note, there are some missing case numbers in my tracking system and I don’t know if it’s because I missed a case or because PERB skipped some decision numbers. Once the annual report is released I’ll be able to figure out what happened. So with that caveat, my records indicate that PERB issued a total of 74 decisions this past year.  The prior year PERB issued 87 decisions. Again, because I’m not sure if I missed some decisions I can’t be positive that the total number of decisions is lower this year than last year. However, if it is lower this year, it’s not by much.

Here are other preliminary numbers:

Decisions by Statute (Including Non-Precedential Decisions):

MMBA: 33
EERA: 25
HEERA: 9
Dills Act: 3
Trial Court: 4
Court Interpreter: 0
LA Met: 0

Decisions by Precedence:

Precedential: 57
Non-Precedential: 17

Decisions by Type (Not Including Non-Precedential Decisions):

Appeals from Dismissals: 3
Exceptions to ALJ Decisions: 26
Approval of Settlement/Withdrawal: 7
Administrative Appeal (AA):  12
Reconsideration: 4
Judicial Review: 0
Unit Modification: 4
Injunctive Relief: 1

Decisions by Outcome (Not Including Non-Precedential Decisions):

Dismissals/AA’s Affirmed: 0
Dismissals/AA’s Overturned/Partially Overturned: 3
ALJ Decisions Affirmed:  20
ALJ Decisions Overturned/Partially Overturned:  6
Miscellaneous (Judicial Review, Settlements, Recon’s, Unit Mod’s, IR): 28

Decisions by Board Member:
[Board Member: # Precedential/# Non-Precedential/Total #]

Banks: 12/3/15
Gregersen (Partial Term): 2/0/2
Huguenin:  14/3/17
Martinez: 11/5/16
Winslow: 18/6/24

Other Interesting Facts:

  1. Like last year, there were no dissents or concurrences this year among the precedential decisions; they were all unanimous.
  2. The Board only designated three dismissal cases as precedential. All three dismissals were overturned. While the numbers are small, I think the Board is clearly trying to send a message to the General Counsel’s office that in “close call” situations, a complaint should be issued.
  3. The Board’s affirmance rate of ALJ decisions was 76.9%.  This is within a few percentage points of last year’s rate.
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