NLRB Invites Briefs On Jurisdiction Over Charter Schools
On January 10, 2011, the National Labor Relations Board invited briefs from interested parties in a case which considers whether the Board has jurisdiction over a charter school in Illinois. In Chicago Mathematics & Science Academy Charter School, Inc. (13- RM-1768), the Chicago Alliance of Charter Teachers and Staff filed a petition for a representation election with a state labor agency, the Illinois Educational Labor Relations Board. Seeking to represent a unit of teachers, social workers and counselors, the union asserted that the state board filing was proper because the school is a “political subdivision” of the state. Such political subdivisions are exempt from the federal jurisdiction of the NLRB under Section 2(2) of the National Labor Relations Act.
The Charter School, however, maintains it is not a political subdivision of the state, and that the NLRB should conduct any election. In NLRB v. Natural Gas Utility District of Hawkins County, Tenn., 402 U.S. 600 (1971), the Supreme Court set forth a test for assessing whether entities are exempt “political subdivisions”. Entities are so exempt if they are “either (1) created directly by the state, so as to constitute departments or administrative arms of the government, or (2) administered by individuals who are responsible to public officials or to the general electorate.”
The state laws establishing charter school laws vary from state to state. Applying the facts of various cases, NLRB Regional Directors have come to differing conclusions -- asserting jurisdiction in some cases and declining in others. The Board has indicated that the “decision in this case could provide further guidance as to when charter schools fall under NLRB jurisdiction."
Briefs are due by March 11, 2011, with responsive filings by March 25, 2011.
More commentary, resources:
- "NLRB Considers Jurisdiction Over Charter Schools" -- Workplace Prof Blog
- "NLRB invites briefs regarding charter school jurisdiction" -- LawMemo
- Chicago ACTS website
- Chicago Math & Science Academy website
