Labor & Employment Law

NLRB invites briefs regarding charter school jurisdiction

The National Labor Relations Board has granted review in a case that asks whether the Board has jurisdiction over a charter school in Illinois. The Board invites briefs from interested parties on the question.

Click here for text of Invitation

In the case under review, Chicago Mathematics & Science Academy Charter School, Inc. (13-RM-1768), the Chicago Alliance of Charter Teachers and Staff sought a representation election for the school?s teachers, social workers and counselors through the Illinois Educational Labor Relations Board. The union argued that the state board was the proper authority to conduct the election because the school is a ?political subdivision? of the state, and so is exempt from the Board?s jurisdiction. However, the School maintains that it is not a political subdivision of the state, and therefore the NLRB should conduct the election.

Section 2(2) of the National Labor Relations Act exempts government entities or wholly owned government corporations from its coverage.  Following the test described by the Supreme Court in NLRB v. Natural Gas Utility District of Hawkins County, Tenn., 402 U.S. 600 (1971), the Board has determined that entities are political subdivisions exempt from NLRB jurisdiction, 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.?  State charter school laws vary, and NLRB regional directors have both asserted jurisdiction in some charter school cases and declined it in others. The decision in this case could provide further guidance as to when charter schools fall under NLRB jurisdiction.

Full post as published by Ross' Employment Law Blog on January 10, 2011 (boomark / email).