Autism Services, Inc.

National Labor Relations Board - Board Decisions

Jul 9, 2014

03-RC-127544 (N.L.R.B. Jul. 9, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
AUTISM SERVICES, INC.
Employer
and Case 03-RC-127544
AUTISM SERVICES, INC., EDUCATION ASSOCIATION,
NYSUT, AFT, AFL-CIO
Petitioner

ORDER
The Employer’s Request for Review of the Regional Director’s Decision and Direction of
Election is denied as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER

Dated, Washington, D.C., July 9, 2014.

1 Member Miscimarra joins his colleagues in denying review. He disagrees with the Regional
Director’s finding that the teachers are not held accountable for the shortcomings of their
classroom staff for the purposes of establishing responsible direction. The Employer cites a
Performance Improvement Plan and a follow-up report faulting a teacher because her “staff were
minimally engaging the students during instructional times” and stating that “[m]ore supervisory
delegation is needed on your part to ensure that staff are actively prompting students to engage in
tasks throughout the entire day.” She was also faulted for failing to implement a plan to correct
these shortcomings. Oakwood Healthcare, Inc., 348 NLRB 686, 692 (2006); Community
Education Centers, Inc., 360 NLRB No. 17, slip op at 2 (2014) (Member Miscimarra, concurring
in part and dissenting in part). Nevertheless, he agrees that the Employer failed to adduce
evidence that the teachers directed staff using independent judgment.