PERB End Of Fiscal Year Numbers For 2019-20

Overview: PERB issued 101 decisions

PERB’s fiscal year ended on June 30. According to PERB’s website, PERB issued 101 decisions which was the most decisions issued since fiscal year 2004-05. More details on the year will be included in PERB’s annual report which is due on October 15, 2020. Until then, I have some addition numbers that might be of interest to practitioners

As noted, PERB issued a total of 101 decisions this past fiscal year. The prior year PERB issued 92 decisions. That’s an increase of 9.8%. In addition, according to PERB’s website the docket was down to 16 cases; that compares to 45 cases pending on the Board’s docket at this time last year. The reduction in the Board’s docket to 16 cases is probably a PERB record.

Here are some additional statistics:

Decisions by Statute (Including Non-Precedential Decisions):

EERA: 46
MMBA: 37
HEERA: 8
Dills Act: 6
Trial Court: 0
Court Interpreter: 1
Transit: 3

Decisions by Precedence:

Precedential: 60
Non-Precedential: 41

Decisions by Type:

Appeals from Dismissals: 33
Exceptions to ALJ Decisions: 39
Approval of Settlement/Withdrawal: 11
Administrative Appeal: 4
Reconsideration: 10
Judicial Review: 1
Representation: 2
Injunctive Relief: 1

Decisions by Outcome:

Dismissals Affirmed: 29
Dismissals Overturned/Partially Overturned: 4
ALJ Decisions Affirmed: 26
ALJ Decisions Overturned/Partially Overturned: 13
Miscellaneous (Admin Decisions, Judicial Review, Settlements, Recon’s, Unit Mod’s, IR): 29

Decisions by Board Member:

Banks: 24
Shiners: 29

Krantz: 25

Paulson: 21

Per Curium: 2

Other Interesting Facts:

The Board’s overall affirmance rate of ALJ decisions was 66.7% (26 out of 39). But what is really interesting is comparing ALJ decisions where a dismissal was issued versus ones where a violation was found.
There were 24 decisions where the ALJ’s proposed decision was a dismissal and/or partial dismissal. Of these 24 cases, the Board overturned, either in whole or in part, 12 of the proposed decisions. I believe all these cases were brought by unions. So the union success rate in appealing an ALJ decision is 50%.
In contrast, there were 14 decisions where the ALJ’s proposed decision found a violation against the employer. In 13 of these decisions, the Board affirmed. There was only 1 case (Eastern Municipal Water District (2020) PERB Dec. No. 2715-M) where the Board overturned an MSJ granted against an employer and ordered further proceedings. So it was a procedural victory. But if we count that case, that means the employer success rate in appealing an ALJ decision is 7.1%.
There were also several decisions that drew a dissent and/or concurrence: Alliance (2719-E): Dissent, Shiners; Alliance (2716-E): Concurrence, Shiners; City & County of San Francisco (2691-M): Concurrence, Banks; Salinas Valley Memorial Hospital (2689-M): Dissent, Shiners; San Joaquin Regional Transit District (2650a): Concurrence, Shiners; Office of the Inspector General (2660-S): Dissent and Concurrence, Shiners.
Finally, as I noted in a recent blog post, there continue to be many PERB cases challenged in the courts of appeal. Of the Board decisions issued in fiscal year 2018-19, 16 have been challenged in the courts. Almost all of those cases are still pending.