PERB Issues 2015-16 Annual Report

PERB has released its annual report for fiscal year 2015-2016. (The report is available here.)  Here is my annual summary of the statistics in the report:

Unfair Practice Charges

652 unfair practice charges (UPCs) were filed in fiscal year 2015-16. In fiscal year 2014-2015, there were 695 UPCs. This means fiscal year 2015-16 saw a 6.2% decrease in UPCs compared to the prior year.

The largest decrease was under the Dills Act which saw a 26.4% decrease in UPCs (53 versus 72 in 2014-15). EERA saw a 13.2% decrease in UPCs (236 versus 272 in 2014-15). In contrast, HEERA saw a slight increase of 5.6% in UPCs (75 versus 71 in 2014-15). With 260 UPCs, the MMBA remained the same as the prior year.

Year: # of UPCs

2015-16: 652
2014-15: 695
2013-14: 949 (777 if duplicates are eliminated)
2012-13: 678
2011-12: 768
2010-11: 744
2009-10: 802
2008-09: 868
2007-08: 816
2006-07: 823
2005-06: 1012
2004-05: 1126
2003-04: 838
2002-03: 802
2001-02: 740

ALJ Proposed Decisions

In 2015-16, the eight ALJs at PERB issued 76 proposed decisions. This is compared to 70 proposed decisions in 2014-15. However, the ALJs issued 76 proposed decisions in both 2012-13 and 2013-14, which were historical highs. So it appears the number of proposed decisions is back up to that level.

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

2015-16: 76 (Unknown)
2014-15: 70 (Unknown)
2013-14: 76 (Unknown)
2012-13: 76 (128)
2011-12: 61 (102)
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 2015-16, the Board itself issued 70 decisions and also considered 18 injunctive relief (IR) requests. The 70 decisions is a slight 5.4% decrease from the 74 decisions issued in 2014-15, while the 18 IR requests is a decrease of only one from the prior year.

For the coming year, I predict that the number of Board decisions will decrease again. This is because the Board now has only three Board members with the expiration of Member Huguenin’s term and the retirement of Chair Martinez. While it’s possible the Governor may fill one or both of the empty slots, I haven’t heard of any of the stakeholder groups pushing for that. And even if there is another appointment, it will take some time for that individual to get up to speed.

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

2015-16: 70/18/88
2014-15: 74/19/93
2013-14: 87/25/112
2012-13: 51/17/68
2011-12: 100/21/121
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

Factfinding Requests

In fiscal year 2015-16, there were 22 requests approved for factfinding under EERA and HEERA. They were 54 factfinding requests filed under the MMBA. Of these 54 requests, 44 were approved. The 44 approved requests under the MMBA represents a 29.4% increase from the 34 approved requests in 2014-15.

Year:  # of Requests

EERA/HEERA
2015-16: 22 (Approved)
2014-15: 23 (Approved)
2013-14: 26 (Approved)
2012-13: 34 (Approved)
2011-12: 29 (Requested)

MMBA
2015-16: 44 (Approved)
2014-15: 34 (Approved)
2013-14: 53 (Approved)
2012-13: 62 (Approved)
2011-12: 21 (Requested)

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