Agora Cyber Charter School - Decision Summary

Agora Cyber Charter School(04-RC-170767) King of Prussia, PA, November 16, 2016.The Board denied the Employer’s Request for Review of the Acting Regional Director’s Direction of Election concerning a petitioned-for unit of teachers, holding that the Employer’s charter school is not exempt as a political subdivision under Sec. 2(2) of the Act.The Board majority (Chairman Pearce and Member McFerran) found that the Acting Regional Director correctly applied the test inNLRB v. Natural Gas Utility District of Hawkins County, 402 U.S. 600 (1971)(“Hawkins County”) and that his reasoning was consistent with the Board’s recent decision inThe Pennsylvania Virtual Charter School, 364 NLRB No. 87 (2016).The majority also found no merit in the Employer’s argument that the Board should, pursuant to Sec. 14(c)(1), discretionarily decline to assert jurisdiction over the Employer based on the cyber charter school’s intrastate character and the state’s interest in regulating the labor relations of these schools as it does with public schools.Member Miscimarra, dissenting, would grant the Employer’s Request for Review and dismiss the petition.For the reasons discussed in his dissenting opinions inThe Pennsylvania Virtual Charter School,supra, slip op. at 11-18 (2016) andHyde Leadership Charter School, 364 NLRB No. 88, slip op. at 14-15 (2016), Member Miscimarra believes the Board should decline jurisdiction over charter schools generally and in this case.(A second case involving this Employer, Case 04-RC-179402, issued the same day—see below).Petitioner – Agora Cyber Professionals Association, PSEA/NEA.Chairman Pearce and Members Miscimarra and McFerran participated.