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Overview: PERB issues 55 decisions

PERB’s annual report for fiscal year 2016-17 is due on October 15, 2017. Until then, I have some preliminary numbers based on my tracking of PERB decisions. According to my records, PERB issued a total of 55 decisions this past year.  The prior year PERB issued 70 decisions. Here are other preliminary numbers:

Decisions by Statute (Including Non-Precedential Decisions):

EERA: 23
MMBA: 22
Dills Act: 3
Trial Court: 3
Court Interpreter: 0
LA Met: 0

Decisions by Precedence:

Precedential: 33
Non-Precedential: 22

Decisions by Type:

Appeals from Dismissals: 23
Exceptions to ALJ Decisions: 14
Approval of Settlement/Withdrawal: 6
Administrative Appeal (AA): 9
Reconsideration: 2
Judicial Review: 1
Unit Modification: 0
Injunctive Relief: 0

Decisions by Outcome:

Dismissals/AA’s Affirmed: 18
Dismissals/AA’s Overturned/Partially Overturned: 5
ALJ Decisions Affirmed: 10
ALJ Decisions Overturned/Partially Overturned: 1
Miscellaneous (Admin Decisions, Judicial Review, Settlements, Recon’s, Unit Mod’s, IR): 21

Decisions by Board Member:

[Board Member: # Precedential/# Non-Precedential/Total #] Banks: 16/10/26
Winslow:  12/4/16
Gregersen: 4/8/12
Per Curium: 1

Other Interesting Facts:

  1. Member Banks dissented, at least partially, in three decisions this past fiscal year: Sonoma County Superior Court (2017) PERB Dec. No. 2532-C; City of Watsonville (2017) PERB Dec. No. A445-M; City and County of San Francisco (2017) PERB Dec. No. 2536-M.
  2. The Board’s affirmance rate was 90.9% (10 out of 11) for ALJ decisions. In the one case where the Board reversed an ALJ, the reversal was in favor of the union.  (City of Roseville (2017) PERB Dec. No. 2505-M.)

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