MSPB Statistics for 2013: Petitions for Review by Administrative Judges in San Francisco

Merit Systems Protection Board Statistics
Petitions for Review for Administrative Judges Stationed
in the Western Regional Office (San Francisco)
Fiscal Year 2013

Administrative Judge Summary Detail – PFR Total
Anderson, LuNell C. Dismissed/Settled 0
Denied (Not Short Form) 4
Denied: Reopnd/ID Aff’d/Vacated 1
Granted: Remnd/Rvrs/Affm/Vacat 3
Carter, Grace B. Dismissed/Settled 0
Denied (Not Short Form) 13
Denied: Reopnd/ID Aff’d/Vacated 0
Granted: Remnd/Rvrs/Affm/Vacat 1
Dasey, Gerard C. Dismissed/Settled 2
Denied (Not Short Form) 0
Denied: Reopnd/ID Aff’d/Vacated 5
Granted: Remnd/Rvrs/Affm/Vacat 2
Dunning, Amy V. Dismissed/Settled 2
Denied (Not Short Form) 2
Denied: Reopnd/ID Aff’d/Vacated 0
Granted: Remnd/Rvrs/Affm/Vacat 0
Ellison, Anthony L. Dismissed/Settled 2
Denied (Not Short Form) 12
Denied: Reopnd/ID Aff’d/Vacated 6
Granted: Remnd/Rvrs/Affm/Vacat 4
Gutman, Benjamin Dismissed/Settled 0
Denied (Not Short Form) 10
Denied: Reopnd/ID Aff’d/Vacated 1
Granted: Remnd/Rvrs/Affm/Vacat 1
Humphrey, Kelly M. Dismissed/Settled 0
Denied (Not Short Form) 12
Denied: Reopnd/ID Aff’d/Vacated 1
Granted: Remnd/Rvrs/Affm/Vacat 2
Kang, Franklin M. Dismissed/Settled 2
Denied (Not Short Form) 9
Denied: Reopnd/ID Aff’d/Vacated 1
Granted: Remnd/Rvrs/Affm/Vacat 2
Ribas, Tamara Dismissed/Settled 1
Denied (Not Short Form) 10
Denied: Reopnd/ID Aff’d/Vacated 0
Granted: Remnd/Rvrs/Affm/Vacat 4
Slizeski, Richard Dismissed/Settled 2
Denied (Not Short Form) 20
Denied: Reopnd/ID Aff’d/Vacated 0
Granted: Remnd/Rvrs/Affm/Vacat 0
Wever, Nancy Dismissed/Settled 1
Denied (Not Short Form) 4
Denied: Reopnd/ID Aff’d/Vacated 0
Granted: Remnd/Rvrs/Affm/Vacat 0
REGIONAL TOTAL Dismissed/Settled 12
Denied (Not Short Form) 96
Denied: Reopnd/ID Aff’d/Vacated 15
Granted: Remnd/Rvrs/Affm/Vacat 19
TOTAL PFRs 142
% PFRs Granted 13.38%
% PFRs Modified (granted+denied w/reopening) 23.94%
Key:
Denied (Not Short Form): Full Board affirms the AJ’s decision and does not take issue with the AJ’s analysis or reasoning.
Denied: Reopnd/ID Aff’d/Vacated: Full Board arrives at the same result that is adverse to the petitioner’s interests but nonetheless takes issue with the AJ’s reasoning or analysis.
Granted: Remnd/Rvrs/Affm/Vacat: In most instances, full Board arrives at a different legal outcome and takes issue with the AJ’s reasoning or analysis.
Dismissed/Settled: Full Board does not reach a substantive decision.
Data derived from http://mspbwatch.files.wordpress.com/2011/12/pardofoia_2013.xlsx, pursuant to a FOIA request.
No fields have been excluded as the focus is on the AJ’s performance/analysis and not the type of case before him/her.
Grade/salary information is available at http://mspbwatch.org/2013/06/07/mspb-staff-directory-2012/.
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MSPB Statistics for 2013: Initial Decisions by Administrative Judges in San Francisco

Merit Systems Protection Board Statistics
Initial Decisions by Administrative Judges Stationed in the
Western Regional Office (San Francisco)
Fiscal Year 2013

Administrative Judge Summary Detail Total Percent
Anderson, LuNell C. Dismissed With Prejudice 11 46%
Dismissed Without Prejudice 3 13%
For Agency 3 13%
For Employee 0 0%
Settled 7 29%
TOTAL 24
Carter, Grace B. Dismissed With Prejudice 21 37%
Dismissed Without Prejudice 2 4%
For Agency 6 11%
Employee 4 7%
Settled 24 42%
TOTAL 57
Dasey, Gerard C. Dismissed With Prejudice 4 40%
Dismissed Without Prejudice 0 0%
For Agency 2 20%
For Employee 1 10%
Settled 3 30%
TOTAL 10
Dunning, Amy V. Dismissed With Prejudice 7 47%
Dismissed Without Prejudice 2 13%
For Agency 2 13%
For Employee 0 0%
Settled 4 27%
TOTAL 15
Ellison, Anthony L. Dismissed With Prejudice 20 36%
Dismissed Without Prejudice 7 13%
For Agency 16 29%
For Employee 1 2%
Settled 12 21%
TOTAL 56
Gutman, Benjamin Dismissed With Prejudice 33 32%
Dismissed Without Prejudice 7 7%
For Agency 24 23%
For Employee 10 10%
Settled 30 29%
TOTAL 104
Humphrey, Kelly M. Dismissed With Prejudice 31 43%
Dismissed Without Prejudice 7 10%
For Agency 6 8%
For Employee 5 7%
Settled 23 32%
TOTAL 72
Kang, Franklin M. Dismissed With Prejudice 23 39%
Dismissed Without Prejudice 4 7%
For Agency 5 8%
For Employee 8 14%
Settled 19 32%
TOTAL 59
Ribas, Tamara Dismissed With Prejudice 35 51%
Dismissed Without Prejudice 5 7%
For Agency 9 13%
For Employee 2 3%
Settled 18 26%
TOTAL 69
Slizeski, Richard Dismissed With Prejudice 33 41%
Dismissed Without Prejudice 11 14%
For Agency 11 14%
For Employee 2 2%
Settled 24 30%
TOTAL 81
Wever, Nancy Dismissed With Prejudice 9 31%
Dismissed Without Prejudice 4 14%
For Agency 6 21%
For Employee 2 7%
Settled 8 28%
TOTAL 29
Grand total initial decisions for Administrative Judges stationed in San Francisco: 576
Cases decided for the employee-appellant: 35
Regional percentage of cases won for the employee-appellant: 6.08%
Administrative Judges with no decisions for the employee-appellant:
LuNell C. Anderson, Amy V. Dunning
Key:
DISMISSED WITH PREJUDICE: Declared outside of MSPB’s decision-making role.
  Categories include: Cancel or failure to prosecute, Jurisdiction or Res judicata, Timeliness, Withdrawn by Appellant, (Action) Terminated.
DISMISSED WITHOUT PREJUDICE: Request for postponement by appellant subject to case being revisited.
FOR AGENCY: Decided in favor of agency.
  Categories include: Affirmed, Corrective action not ordered.
FOR EMPLOYEE APPELLANT: Decided in favor of employee.
  Categories include: Mitigate agency action, Remanded to agency, Reversed.
SETTLED: Settled.
Data derived from http://mspbwatch.files.wordpress.com/2011/12/pardofoia_2013.xlsx, pursuant to a FOIA request.
Statistics exclude fields where appeal type specifies CSRA, Employment Practices, FERCCA, FERS, Misc, Reduction in Force, Reemployment Priority, or Restoration to Duty.
Grade/salary information is available at http://mspbwatch.org/2013/06/07/mspb-staff-directory-2012/.

MSPB Statistics for 2012: Initial Appeals by Attorney Examiners in San Francisco

Merit Systems Protection Board Statistics
Initial Appeals by Attorney Examiners Stationed in the
San Francisco Regional Office

Fiscal Year 2012

Attorney Examiner / (Grade/Salary)

Summary Detail

Total

Percent

Anderson, LuNell C.
(GS 15/$155,500) Dismissed With Prejudice 30 49.2%
Dismissed Without Prejudice 7 11.5%
For Agency 2 3.3%
For Employee Appellant 1 1.6%
Settled 21 34.4%
TOTAL 61
Carter, Grace B.
(GS 14/$129,729) Dismissed With Prejudice 22 46.8%
Dismissed Without Prejudice 5 10.6%
For Agency 3 6.4%
For Employee Appellant 5 10.6%
Settled 12 25.5%
TOTAL 47
Dasey, Gerard C.
(GS 15/$155,500) Dismissed With Prejudice 36 42.9%
Dismissed Without Prejudice 6 7.1%
For Agency 8 9.5%
For Employee Appellant 4 4.8%
Settled 30 35.7%
TOTAL 84
Dunning, Amy V.
(ES 00/$179,700) Dismissed With Prejudice 3 25.0%
Dismissed Without Prejudice 0 0.0%
For Agency 3 25.0%
For Employee Appellant 3 25.0%
Settled 3 25.0%
TOTAL 12
Ellison, Anthony L.    
(GS 15/$155,500) Dismissed With Prejudice 20 36.4%
  Dismissed Without Prejudice 8 14.5%
  For Agency 12 21.8%
  For Employee Appellant 1 1.8%
  Settled 14 25.5%
  TOTAL 55  
Gutman, Benjamin
(N/A) Dismissed With Prejudice 50 49.5%
  Dismissed Without Prejudice 3 3.0%
  For Agency 11 10.9%
  For Employee Appellant 4 4.0%
  Settled 33 32.7%
  TOTAL 101
Humphrey, Kelly M.
(GS 15/$155,500) Dismissed With Prejudice 29 42.6%
Dismissed Without Prejudice 9 13.2%
For Agency 7 10.3%
For Employee Appellant 7 10.3%
Settled 16 23.5%
TOTAL 68
   
Kang, Franklin M.    
(GS 15/$152,601) Dismissed With Prejudice 24 46.2%
Dismissed Without Prejudice 8 15.4%
For Agency 5 9.6%
For Employee Appellant 2 3.8%
Settled 13 25.0%
TOTAL 52
Ribas, Tamara    
(GS 15/$152,601) Dismissed With Prejudice 31 47.7%
Dismissed Without Prejudice 5 7.7%
For Agency 6 9.2%
For Employee Appellant 5 7.7%
Settled 18 27.7%
TOTAL 65
Slizeski, Richard M.    
(GS 15/$155,500) Dismissed With Prejudice 43 58.9%
Dismissed Without Prejudice 5 6.8%
For Agency 9 12.3%
For Employee Appellant 2 2.7%
Settled 14 19.2%
TOTAL 73
Wever, Nancy E.    
(GS 15/$155,500) Dismissed With Prejudice 23 32.4%
Dismissed Without Prejudice 10 14.1%
For Agency 6 8.5%
For Employee Appellant 3 4.2%
Settled 29 40.8%
TOTAL 71
Grand total of dockets for MSPB attorney examiners stationed in San Francisco:

689

Cases won for the employee appellant:

37

Regional percentage of cases won for employee appellant:

5.4%

Key:
DISMISSED WITH PREJUDICE: declared outside of MSPB’s decision-making role.
Categories include: Cancel or failure to prosecute, Jurisdiction or res judicata,    Timeliness, Withdrawn by Appellant, (Action) Terminated
DISMISSED WITHOUT PREJUDICE: request for postponement by appellant subject to being revisited
FOR AGENCY: decision in favor of agency
Categories include: Affirmed, Corrective action not ordered
FOR EMPLOYEE APPELLANT: decision in favor of employee
Categories include: Mitigate agency action, remanded to agency, reversed
SETTLED: settled
Data derived from MSPB FOIA No. MSPB-OCB-2013-000051 (excel chart)
Statistics exclude fields where appeal type specifies CSRA, FERS, USERRA, VEOA, Reduction in Force, Restoration to Duty, Suitability, or FERCCA benefit claims
Thanks go out to civilservicechange.org for pioneering this data organization

More statistical information can be found here.

MSPB Statistics for 2011: Initial Appeals by Attorney Examiners in San Francisco

Merit Systems Protection Board Statistics
Initial Appeals by Attorney Examiners Stationed in the
San Francisco Regional Office

Fiscal Year 2011

Attorney Examiner / (Grade/Salary)

Summary Detail

Total

Percent

Anderson, LuNell C.
(GS 15/$155,500) Dismissed With Prejudice 39 54.9%
Dismissed Without Prejudice 6 8.5%
For Agency 12 16.9%
For Employee Appellant 0 0.0%
Settled 14 19.7%
TOTAL 71
Carter, Grace B.
(GS 14/$129,729) Dismissed With Prejudice 37 48.7%
Dismissed Without Prejudice 3 3.9%
For Agency 7 9.2%
For Employee Appellant 8 10.5%
Settled 21 27.6%
TOTAL 76
Dasey, Gerard C.
(GS 15/$155,500) Dismissed With Prejudice 53 56.4%
Dismissed Without Prejudice 7 7.4%
For Agency 10 10.6%
For Employee Appellant 1 1.1%
Settled 23 24.5%
TOTAL 94
Dunning, Amy V.
(ES 00/$179,700) Dismissed With Prejudice 14 53.8%
Dismissed Without Prejudice 2 7.7%
For Agency 3 11.5%
For Employee Appellant 4 15.3%
Settled 3 11.5%
TOTAL 26
Ellison, Anthony L.    
(GS 15/$155,500) Dismissed With Prejudice 35 42.7%
  Dismissed Without Prejudice 9 11.0%
  For Agency 11 13.4%
  For Employee Appellant 5 6.1%
  Settled 22 26.9%
  TOTAL 82
Humphrey, Kelly M.
(GS 15/$155,500) Dismissed With Prejudice 36 48.0%
Dismissed Without Prejudice 8 10.7%
For Agency 5 6.7%
For Employee Appellant 6 8.0%
Settled 20 26.7%
TOTAL 75
   
Kang, Franklin M.    
(GS 15/$152,601) Dismissed With Prejudice 35 48.7%
Dismissed Without Prejudice 7 9.7%
For Agency 7 9.7%
For Employee Appellant 6 8.3%
Settled 17 23.6%
TOTAL 72
Ribas, Tamara    
(GS 15/$148,112) Dismissed With Prejudice 47 52.2%
Dismissed Without Prejudice 7 7.8%
For Agency 13 14.4%
For Employee Appellant 4 4.4%
Settled 19 2.1%
TOTAL 90
Slizeski, Richard M.    
(GS 15/$155,500) Dismissed With Prejudice 41 43.1%
Dismissed Without Prejudice 11 11.6%
For Agency 4 4.2%
For Employee Appellant 8 8.4%
Settled 31 32.6%
TOTAL 95
Wever, Nancy E.    
(GS 15/$155,500) Dismissed With Prejudice 39 47.0%
Dismissed Without Prejudice 7 8.4%
For Agency 9 10.8%
For Employee Appellant 2 2.4%
Settled 26 31.3%
TOTAL 83
Grand total of dockets for MSPB attorney examiners stationed in San Francisco:

764

Cases won for the employee appellant:

44

Regional percentage of cases won for employee appellant:

5.8%

Attorney examiners with no decisions for the employee appellant:

LuNell C. Anderson

Key:
DISMISSED WITH PREJUDICE / declared outside of MSPB’s decision-making role.
Categories include: Cancel or failure to prosecute, Jurisdiction or res judicata, Timeliness, Withdrawn by Appellant, (Action) Terminated
DISMISSED WITHOUT PREJUDICE / request for postponement by appellant subject to being revisited
FOR AGENCY / decision in favor of agency
Categories include: Affirmed, Corrective action not ordered
FOR EMPLOYEE APPELLANT / decision in favor of employee
Categories include: Mitigate agency action, remanded to agency, reversed
SETTLED / settled
Data derived from MSPB FOIA No. 2011-10-023 (excel chart)
Statistics exclude fields where appeal type specifies CSRA, FERS or FERCCA benefit claims
Thanks go out to civilservicechange.org for pioneering this data organization

FY2011 MSPB Initial Appeals stats San Francisco Field Office