21st Century Cyber Charter School

National Labor Relations Board - Unpublished Board Decisions

Aug 18, 2021

04-RC-272006 (N.L.R.B. Aug. 18, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
21ST CENTURY CYBER CHARTER SCHOOL
Employer
and Case 04-RC-272006
21ST CENTURY CYBER EDUCATION
ASSOCIATION, PSEA/NEA
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director's Decision and Direction of
Election is denied as it raises no substantial issues warranting review.1
LAUREN McFERRAN, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
JOHN F. RING, MEMBER
Dated, Washington, D.C., August 18, 2021.
1 In denying review, we observe that the present case is not materially distinguishable from
Pennsylvania Virtual Charter School, 364 NLRB No. 87 (2016). The only significant factual
difference between the two cases is that traditional public-school officials (i.e., executive
directors and superintendents) constitute a majority of the Employer’s Board of
Trustees. However, as the Regional Director found, the composition of the Board of Trustees is
solely determined by the Employer’s by-laws, not state statute or other regulation, and the
traditional public-school districts have no authority to appoint or remove trustees from the board,
which weighs against a finding of public or political accountability. See Research Foundation of
the City Univ. of NY, 337 NLRB 965, 970 (2002); Southwest Texas Public Broadcasting Council,
227 NLRB 1560, 1562 (1977); Minneapolis Society of Fine Arts, 194 NLRB 371, 372
(1971). Consistent with this precedent, the Employer has failed to establish that the Regional
Director erred in finding that it was not a “political subdivision” exempt from the Board’s
jurisdiction under the test set forth in NLRB v. Natural Gas Utility District of Hawkins County,
402 U.S. 600, 604-605 (1971).
Member Kaplan would grant review.