Half of fiscal year 2009-10 is over. As I mentioned in prior posts, this year I’ve been keeping statistics of all the Board’s decisions. So let’s take a look at some of the key statistics through December 31, 2009.
Total Number of Board Decisions (from 7/1/09-12/31/09):
Decisions by Statute:
Dills Act: 8
Decisions by Type:
Exceptions to ALJ Decisions: 7
Approval of Settlement: 1
Administrative Appeal: 2
Decisions affirmed: 39
Decisions overturned: 2
– 1 ALJ decision overturned (2077-M)
– 1 dismissal overturned (2079-M)
Decisions partially overturned: 2
– Decisions 2069-H and 2070-H
Decisions by Board Member:
Other Interesting Facts:
- 42 of the 43 decisions were unanimous. Only 1 decision drew a dissent: 2058-M by Member Neuwald
- The main thing that stands out to me is the affirmance rate, which was above 90%. That means a party’s chances of getting a decision overturned was less than 10%. At that’s only if you count the 2 partial dismissals.
- Also, with only 1 case drawing a dissent, this Board has been remarkably unanimous in its decisions.
- Finally, it’s worth noting that oral argument remains the rarest of all Board actions. The last time the Board granted oral argument was in 2004 in a case involving the right of teachers to wear union buttons at work. (PERB Dec. No. 1727-E). The next most recent time (as far as I know) was in 1994 when the Board granted oral argument twice, one in a case involving CSU (PERB Dec. No. 1093-H) and one involving the University of California (PERB Dec. No. 1039-H). So only 3 times in the last 15 years and not once during the Schwarzenegger administration. I would enjoy watching another oral argument before the Board (I saw the one in 2004) so I’m hoping the Board grants a request in the next year.
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