PERB’s End Of Fiscal Year 2015-16 Numbers

Overview: PERB issues 70 decisions

PERB’s annual report for fiscal year 2015-16 is due on October 15, 2016. Until then, I have some preliminary numbers based on my tracking of PERB decisions. According to my records, PERB issued a total of 70 decisions this past year. The prior year PERB issued 74 decisions.

Here are other preliminary numbers:

Decisions by Statute (Including Non-Precedential Decisions):

MMBA: 30
EERA: 24
HEERA: 10
Dills Act: 5
Trial Court: 1
Court Interpreter: 0
LA Met: 0

Decisions by Precedence:

Precedential: 54
Non-Precedential: 16

Decisions by Type (Not Including Non-Precedential Decisions):

Appeals from Dismissals: 7
Exceptions to ALJ Decisions: 28
Approval of Settlement/Withdrawal: 3
Administrative Appeal (AA): 12
Reconsideration: 3
Judicial Review: 0
Unit Modification: 0
Injunctive Relief: 1

Decisions by Outcome (Not Including Non-Precedential Decisions):

Dismissals/AA’s Affirmed: 6
Dismissals/AA’s Overturned/Partially Overturned: 5
ALJ Decisions Affirmed: 23
ALJ Decisions Overturned/Partially Overturned: 1
Miscellaneous (Judicial Review, Settlements, Recon’s, Unit Mod’s, IR): 19

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[Board Member: # Precedential/# Non-Precedential/Total #]

Banks: 16/3/19
Gregersen: 11/6/17
Winslow: 12/2/14
Martinez: 9/3/12
Huguenin (Partial Term): 6/2/8
Other Interesting Facts:

There were two dissenting opinions this past fiscal year. Chair Martinez dissented in Trustees of the California State University (2016) PERB Dec. No. 2473H (Non-precedential) and Member Winslow dissented in United Teachers of Los Angeles (Raines et al) (2016) PERB Dec. No. 2475E.
The Board’s affirmance rate of ALJ decisions was 95.8%, one of the highest affirmance rates since I started keeping track of PERB decisions. In only one decision out of twenty-four did PERB reverse an ALJ, and that decision was only a partial reversal (City of Davis (2016) PERB Dec. No. 2494M). So this just emphasizes the importance of putting on your strongest case at the formal hearing.