Agora Cyber Charter School

National Labor Relations Board - Board Decisions

Nov 16, 2016

04-RC-179402 (N.L.R.B. Nov. 16, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
AGORA CYBER CHARTER SCHOOL
Employer
and Case 04-RC-179402
AGORA CYBER PROFESSIONALS
ASSOCIATION, PSEA/NEA
Petitioner
ORDER
The Employer’s Request for Review of the Acting Regional Director’s Decision and
Direction of Election is denied as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, CHAIRMAN
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., November 16, 2016
Member Miscimarra, dissenting:
I would grant the Employer’s Request for Review and dismiss the petition. The
Employer operates a charter school chartered by the Commonwealth of Pennsylvania pursuant to
the Charter School Law (“CSL”) enacted in 1997. For the reasons fully explained in my
dissenting opinions in Pennsylvania Virtual Charter School, 364 NLRB No. 87, slip op. at 11-18
(2016) (Member Miscimarra, dissenting), and Hyde Leadership Charter School, 364 NLRB No.
88, slip op. at 14-15 (2016) (Member Miscimarra, dissenting), I believe the Board should decline
to assert jurisdiction over charter schools generally and in this case.
PHILIP A. MISCIMARRA, MEMBER

1 In denying review, we note that the Acting Regional Director’s Decision and Direction of
Election incorporated by reference his Decision and Direction of Election in Case 04-RC-
170767, which concerned another election petition seeking to represent other employees of the
Employer. On this same day, we have denied review in that case. For the reasons stated in our
order denying review in Case 04-RC-170767, we accordingly agree with the Acting Regional
Director that the Employer is not exempt as a political subdivision under Sec. 2(2) of the
National Labor Relations Act, and we find no merit in the Employer’s arguments that the Board
should, pursuant to Sec. 14(c)(1) of the Act, decline to assert jurisdiction over the charter school.