KIPP Academy Charter School

National Labor Relations Board - Board Decisions

Mar 25, 2020

369 N.L.R.B. 48 (N.L.R.B. 2020)

368 NLRB No. 48
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes
KIPP Academy Charter School and Nicole Mangiere
and Christopher Diaz, Petitioner and United Fed-
eration of Teachers, Local 2 AFT, AFL–CIO Un-
ion. Case 02–RD–191760
March 25, 2020
DECISION ON REVIEW AND ORDER
BY CHAIRMAN RING AND MEMBERS KAPLAN
AND EMANUEL
The issue presented in this case is whether the National
Labor Relations Board should exercise its discretion to de-
cline jurisdiction over charter schools as a class under Sec-
tion 14(c)(1) of the National Labor Relations Act.
On August 24, 2018, the Regional Director issued a De-
cision and Direction of Election in which he found that,
pursuant to NLRB v. National Gas Utility District of Haw-
kins County, 402 U.S. 600, 604–605 (1971), the Employer
is not exempt from the Act’s jurisdiction as a political sub-
division under Section 2(2) of the Act. Thereafter, in ac-
cordance with Section 102.67 of the Board’s Rules and
Regulations, the Union filed a timely request for review.
On February 4, 2019, the Board granted the Union’s re-
quest for review with respect to whether the Board should
exercise its discretion to decline jurisdiction over charter
schools as a class under Section 14(c)(1) and, therefore,
modify or overrule Hyde Leadership Charter School—
Brooklyn, 364 NLRB No. 88, slip op. at 6 fn. 15, 7–9
(2016), and Pennsylvania Virtual Charter School, 364
NLRB No. 87, slip op. at 7, 9–10 (2016). It also invited
the parties and interested amici curiae to file briefs ad-
dressing the issue. The Board denied review in all other
respects. Thereafter, the Employer and the Union filed
briefs on review. Several amici filed briefs in response to
the Board’s invitation.1
Having carefully considered the entire record in this
proceeding, including the briefs on review and those filed
by amici, the Board has determined not to exercise its dis-
cretion to decline jurisdiction over charter schools as a
class under Section 14(c)(1) at this time. We accordingly
affirm the Regional Director’s Decision and Direction of
Election.
1 Amicus briefs were filed by Advocates for Arts Based Education
Corp. d/b/a Lusher Charter School; The American Federation of Labor
and Congress of Industrial Organizations; National Education Associa-
tion (and various state affiliates); National Heritage Academies, Inc.;
ORDER
The Regional Director’s Decision and Direction of
Election is affirmed. This proceeding is remanded to the
Regional Director for appropriate action consistent with
this Decision and Order.
Dated, Washington, D.C. March 25, 2020
John F. Ring, Chairman
_
Marvin E. Kaplan, Member
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
Ready Colorado; and Voices for International Business and Education,
Inc. d/b/a International High School of New Orleans. The Employer and
the Union also filed reply briefs.