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Overview: PERB issues 87 decisions

PERB operates on a fiscal year running from July 1 to June 30.  So fiscal year 2013-2014 is over.  PERB’s annual report for 2013-2014 is not due until October 1, 2014.  However, I have some preliminary numbers based on my tracking of PERB decisions.  This year was the first year PERB began issuing non-precedential decisions.  In order to make an apples-to-apples comparison with past years, where possible my numbers include both precedential and non-precedential decisions.  So with that assumption, my records indicate that PERB issued a total of 87 decisions this past year.  The prior year PERB issued 51 decisions.  The year before that it was 100 decisions.  I attribute the increase this year to the fact the two new board members appointed last year were able to get up to full speed this year.  Once PERB issues its annual report I’ll have a more thorough analysis.  Until then, here are the preliminary numbers:

Decisions by Statute:

MMBA: 38
EERA: 34
Dills Act: 4
Trial Court: 2
Court Interpreter: 0
LA Met: 0

Decisions by Precedence:

Precedential: 50
Non-Precedential: 37

Decisions by Type (Not Including Non-Precedential Decisions):

Appeals from Dismissals: 8
Exceptions to ALJ Decisions: 19
Approval of Settlement/Withdrawal: 5
Administrative Appeal (AA):  15
Reconsideration: 1
Judicial Review: 0
Unit Modification: 0
Injunctive Relief: 2

Decisions by Outcome (Not Including Non-Precedential Decisions):

Dismissals/AA’s Affirmed: 16
Dismissals/AA’s Overturned/Partially Overturned: 5
ALJ Decisions Affirmed:  15
ALJ Decisions Overturned/Partially Overturned:  4
Miscellaneous (Judicial Review, Settlements, Recon’s, Unit
Mod’s, IR): 10

Decisions by Board Member:

(I’m still trying to figure out how to report this in light of the non-precedential decisions)

Other Interesting Facts:

  1. There were no dissents or concurrences this year among the precedential decisions; they were all unanimous.
  2. The Board’s affirmance rate of dismissals and AA decisions was 76%.  Last year it was 68.0%.  This does not include the non-precedential decisions.  My guess is that if non-precedential decisions were included, the affirmance rate would increase.
  3. The Board’s affirmance rate of ALJ decisions was 78.9%.  This is a tad lower than last year’s rate of 85.7%.

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