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Overview: PERB issued 92 decisions

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PERB’s annual report for fiscal year 2018-19 is not due until October 15, 2019. But for the first time in my memory, PERB has provided a “PERB Fiscal Year in Review 2018-19” on its website. It’s worth a read. However, based on my tracking of PERB cases I have some addition numbers that might be of interest to practitioners.

PERB issued a total of 92 decisions this past fiscal year. The prior year PERB issued 61 decisions. That’s an increase of over 50%. In addition, according to PERB’s news release there are only 45 cases pending on the Board’s docket. That’s a tremendous improvement from years past.

Here are some additional statistics:

Decisions by Statute (Including Non-Precedential Decisions):

EERA: 47
MMBA: 25
Dills Act: 7
Trial Court: 4
Court Interpreter: 0
LA Met: 1

Decisions by Precedence:

Precedential: 74
Non-Precedential: 18

Decisions by Type:

Appeals from Dismissals: 21
Exceptions to ALJ Decisions: 51
Approval of Settlement/Withdrawal: 2
Administrative Appeal (AA): 8
Reconsideration: 4
Judicial Review: 1
Unit Modification: 3
Injunctive Relief: 2

Decisions by Outcome:

Dismissals Affirmed: 19
Dismissals Overturned/Partially Overturned: 3
ALJ Decisions Affirmed: 36
ALJ Decisions Overturned/Partially Overturned: 14
Miscellaneous (Admin Decisions, Judicial Review, Settlements, Recon’s, Unit Mod’s, IR): 20

Decisions by Board Member:

[Board Member: # Precedential + # Non-Precedential = Total #]
Banks: 21+5=26
Shiners: 17+6=23
Winslow: 16+1=17
Krantz: 19+2=21
Paulson: 1+3=4
Per Curium: 1

Other Interesting Facts:

  1. The Board’s affirmance rate of ALJ decisions was 72% (36 out of 50). Of the 14 ALJ decisions that were not adopted, 12 had originally gone in favor of the employer. Thus, in the 28% of decisions that the Board rejected, 85% of those decisions went against the employer. In only 2 cases did the Board overturn a finding that initially went against the employer.

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