Advocates for Arts-Based Education Corporation d/b/a Lusher Charter School - Decision Summary

Advocates for Arts-Based Education Corporation d/b/a Lusher Charter School (15-RC-174745)New Orleans, LA, February 1, 2017. The Board denied the Employer’s request for review of the Regional Director’s Decision and Direction of Election holding that the Employer’s charter school is not exempt as a political subdivision under Section 2(2). The Board majority (Members Pearce and McFerran) found that the Regional Director correctly applied the test inNLRB v. Natural Gas Utility District of Hawkins County, 402 U.S. 600 (1971)(“Hawkins County”) and that her reasoning was consistent with the Board’s recent decision inHyde Leadership Charter School, 364 NLRB No. 88 (2016). They also found no merit in the Employer’s argument that the Board should find that the Employer is a joint employer with the Orleans Parish School Board, a public agency, and thus should be exempt from the Board’s jurisdiction on that basis. Acting Chairman Miscimarra dissented, stating that the Board should decline to assert jurisdiction over charter schools generally and especially in this case because more than 90 percent of all Orleans Parish public school students currently attend independent public charter schools like the one operated by the Employer. Petitioner – United Teachers of New Orleans, Local 527, LFT, AFT. Acting Chairman Miscimarra and Members Pearce and McFerran participated.