News & Analysis as of

Charter Schools Unions

Proskauer - Labor Relations Update

Are Charter Schools Covered by the National Labor Relations Act? NLRB to Reconsider Its Jurisdiction over Charter Schools

On February 4, the NLRB granted United Federation of Teachers, Local 2, AFT, AFL-CIO’s (the “Union”) request for review of the Regional Director’s Decision and Direction of Election concerning a decertification petition filed...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Orleans Charter School Operator Ordered to Bargain with Union

The Fifth Circuit Court of Appeals recently held that a New Orleans charter school was not a “political subdivision” exempt from the National Labor Relations Act (NLRA). The NLRA does not apply to States and their political...more

Carlton Fields

Second Circuit Rebuffs Attempt To Address In Federal Court Action Relief Previously Denied In State Court Suit

Carlton Fields on

The Second Circuit has held that a federal district court reached the correct result but for the wrong reason when it dismissed a complaint seeking a declaratory judgment that the plaintiff was not subject to a contract...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2016 Year in Review – Whitepaper

Introduction - In comparison to recent history, 2016 was a tame year for the National Labor Relations Board (“NLRB” or “the Board”). While continuing to issue decisions that left employers scratching their heads, the...more

McNees Wallace & Nurick LLC

Pennsylvania Charter Schools Are Subject to Jurisdiction of National Labor Relations Board

In a recent decision, the National Labor Relations Board confronted the issue of whether it has jurisdiction over The Pennsylvania Virtual Charter School (PVCS) – a school formed pursuant Pennsylvania’s Charter School Law. In...more

Littler

NLRB Issues Numerous Decisions Against Employers as Hirozawa's Term Expires

Littler on

In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board...more

Littler

NLRB Decides Charter Schools Are Private Corporations Despite Public Influence

Littler on

In two separate cases decided on August 24, 2016, a divided National Labor Relations Board concluded that charter schools in Pennsylvania and New York are not political subdivisions within the meaning of Section 2(2) of the...more

Benesch

Perspectives - September/October 2015

Benesch on

In a decision in which no opinion commanded a majority, the Ohio Supreme Court sided with a private entity — a charter school operator — in a dispute over the ownership of personal property purchased by the operator with...more

Littler

Contrary to Union's Argument, NLRB Finds Jurisdiction Over Nonprofit Corporation Operating Charter School in Chicago

Littler on

In Chicago Mathematics & Science Academy Charter School, Inc., 359 NLRB No. 41 (Dec. 14, 2012), the National Labor Relations Board ("the Board" or "NLRB") rejected the position of a teachers' union and found that it had...more

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