Overview: PERB issues 79 decisions
PERB’s fiscal year runs from July 1 to June 30. So fiscal year 2010-2011 is over. PERB’s annual report for 2010-2011 is not due until October 1, 2011. However, a few years ago I started to keep track of PERB’s decisions as they were issued throughout the year. According to my records, PERB issued 79 decisions in fiscal year 2010-11. This is exactly the same number of decisions PERB issued in fiscal year 2009-10. The year before that—fiscal year 2008-2009—PERB issued 89 decisions.
Here are some other statistics for the 2010-2011 fiscal year:
Decisions by Statute:
Dills Act: 12
Trial Court: 1
Court Interpreter: 0
LA Met: 0
Decisions by Type:
Appeals from Dismissals: 43 (15 of which were DFR’s)
Exceptions to ALJ Decisions: 21
Approval of Settlement: 4
Administrative Appeal (AA): 5
Unit Modification: 2
Judicial Review: 1
Decisions by Outcome:
Dismissals/AA’s Affirmed: 45
Dismissals/AA’s Overturned/Partially Overturned: 3
ALJ Decisions Affirmed: 11
ALJ Decisions Overturned/Partially Overturned: 10
Miscellaneous (Judicial Review, Settlements, Recon’s, Unit
Decisions by Board Member:
Wesley (Term ended 2/28/11): 18
Other Interesting Facts:
- There were 4 dissents in the last year: A384-E (Wesley); 2154-S (Wesley); 2162-S (Wesley); and 2106-Sa (McKeag).
- The Board’s affirmance rate of dismissals remains extremely high. The rate that dismissals were affirmed by the Board was 93.8% (45 out of 48 dismissals were affirmed).
- In contrast, the Board’s affirmance rate of ALJ decisions was only 52.3% (11 of out 21 ALJ decisions were affirmed).
- The most surprising statistic was the Board’s treatment of ALJ decisions where the ALJ had found a violation of law. There were 12 ALJ decisions appealed to the Board where the ALJ found a violation of law. Of these 12, 10 were overturned or partially overturned. In only 2 cases did the Board affirm an ALJ
decision finding a violation (and one of those occurred on June 30th).