Skip to content

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Decisions by Statute (Including Non-Precedential Decisions):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
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Non-Precedential: 16

Decisions by Type (Not Including Non-Precedential Decisions):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Decisions by Outcome (Not Including Non-Precedential Decisions):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[Board Member: # Precedential/# Non-Precedential/Total #]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:

  1. 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 No. 2473H (Non-precedential) and Member Winslow dissented in United Teachers of Los Angeles (Raines et al) (2016) PERB Dec.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.
  2. 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.

This entry was posted in PERB Decision, PERB News.

Previous post: AB 1676: New Pay Parity Bill on Governor’s Desk

Next post: PERB: Employers Must Respond Promptly to Information Requests