Northeast Ohio Preparatory School; University of Cleveland Preparatory School; and ICAN Schools, Joi

National Labor Relations Board - Board Decisions

Sep 13, 2016

08-CA-162121 (N.L.R.B. Sep. 13, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NORTHEAST OHIO COLLEGE
PREPARATORY SCHOOL AND
I CAN SCHOOLS, JOINT EMPLOYERS
and Cases 08-CA-162121
08-CA-164606
CLEVELAND ALLIANCE OF CHARTER 08-CA-168874
TEACHERS AND STAFF, a/w OHIO
FEDERATION OF TEACHERS, AMERICAN
FEDERATION OF TEACHERS, AFL-CIO
DECISION AND ORDER
Statement of the Cases
On May 20, 2016, Northeast Ohio College Preparatory School (NEO) and I CAN
Schools (ICAN) (collectively, the Respondents), Cleveland Alliance of Charter Teachers
and Staff, affiliated with Ohio Federation of Teachers, American Federation of
Teachers, AFL-CIO (the Union), and the General Counsel of the National Labor
Relations Board entered into a Formal Settlement Stipulation, subject to the Board’s
approval, providing for the entry of a consent order by the Board and a consent
judgment by any appropriate United States Court of Appeals. The parties waived all
further and other proceedings before the Board to which they may be entitled under the
National Labor Relations Act and the Board’s Rules and Regulations, and the
Respondents waived their right to contest the entry of a consent judgment or to receive
further notice of the application therefor.
The Formal Settlement Stipulation is approved and made a part of the record,
and the proceeding is transferred to and continued before the Board in Washington,
D.C., for the entry of a Decision and Order pursuant to the provisions of the Formal
Settlement Stipulation.
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following
Findings of Fact
1. The Respondents’ businesses
At all material times, NEO has been an Ohio not-for-profit corporation with its
principal place of business at 2357 Tremont Ave., Cleveland, Ohio where it operates a
charter school (NEO facility) engaging in providing educational services at NEO Lower
(Grades Kindergarten through Eight) and NEO Upper (Grades Nine through Twelve).
2
Annually, in conducting its operations as described above, NEO derived gross
revenues in excess of $1,000,000.
Annually, in conducting its operations as described above, NEO has purchased
and received goods and materials valued in excess of $5,000 directly from points
located outside of the State of Ohio.
At all material times, NEO has been an employer engaged in commerce within
the meaning of Section 2(2), (6), and (7) of the Act.
At all material times, ICAN has been an Ohio not-for-profit corporation with its
principal office in Cleveland, Ohio, where it is engaged in the management of charter
schools, including NEO.
Annually, in conducting its operations as described above, ICAN derived gross
revenues in excess of $1,000,000.
Annually, in conducting its operations as described above, ICAN has purchased
and received goods and materials valued in excess of $5,000 directly from points
located outside of the State of Ohio.
At all material times, ICAN has been an employer engaged in commerce within
the meaning of Section 2(2), (6), and (7) of the Act.
At all material times, the Respondents have been parties to a contract which
provides that ICAN is the agent for NEO in connection with providing the management
and delivery of educational services at the NEO facility.
At all material times, ICAN has possessed control over the labor relations policy
of NEO and exercised control over the labor relations policy of NEO for the employees
of NEO.
At all material times, the Respondents have been joint employers of the
employees of NEO.
2. The labor organization
At all material times, the Union has been a labor organization within the meaning
of Section 2(5) of the Act.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation, and the
entire record, and pursuant to Section 10(c) of the National Labor Relations Act, the
National Labor Relations Board orders that:
3
The Respondents, Northeast Ohio College Preparatory School (NEO) and I CAN
Schools (ICAN), Cleveland, Ohio, their officers, agents, successors, and assigns shall
1. Cease and desist from
(a) Interfering with, restraining, or coercing employees in the exercise of rights
guaranteed by Section 7 of the National Labor Relations Act.
(b) Prohibiting employees from talking about their employment agreements,
whether they received an employment agreement, and their terms and conditions of
work.
(c) Watching or making it appear to employees that the Respondents are
watching out for their union activities.
(d) Coercively increasing scrutiny of employees performing their work because of
their union sympathies and activities.
(e) In any other manner interfering with, restraining, or coercing employees in the
exercise of their rights to self-organization, to form a labor organization, to join or assist
the Union.
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) Within 14 days from the date of the Board’s Order, hold a mandatory meeting
or meetings, on working time when the Respondents would customarily hold meetings,
scheduled to ensure the widest possible attendance by NEO employees, and have
Executive Director of School Accountability Heather Stevens read the Order in English
in a Board agent’s presence, or alternatively, have a Board agent read the Order in
English in the presence of Stevens.
(b) Within 14 days after service by the Region, post at the NEO Upper building
copies of the attached notice marked “Appendix A.” Copies of the notice, on forms
provided by the Region, after being signed by the Respondents’ authorized
representatives, shall be posted by the Respondents and maintained for 60 consecutive
days in conspicuous places where notices to employees are customarily posted. In
addition to physical posting of paper notices, the Respondents shall distribute notices
electronically, by email, to all employees who work at the NEO facility. The
Respondents will take reasonable steps to ensure that the notices are not altered,
defaced or covered by any other material.
(e) Within 21 days after service by the Region, file with the Regional Director a
sworn certification of a responsible official on a form provided by the Region attesting to
the steps that the Respondents have taken to comply, including the locations to which
the attached notice marked “Appendix A” was emailed.
4
Dated, Washington, D.C., September 13, 2016
___________________________________
Mark Gaston Pearce, Chairman
___________________________________
Philip A. Miscimarra, Member
___________________________________
Lauren McFerran, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
5
APPENDIX A
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER
AND A CONSENT JUDGMENT OF ANY APPROPRIATE
UNITED STATES COURT OF APPEALS
FEDERAL LAW GIVES YOU THE RIGHT TO:
 Form, join, or assist a union;
 Choose a representative to bargain with us on your behalf;
 Act together with other employees for your benefit and protection;
 Choose not to engage in any of these protected activities.
WE WILL NOT do anything to prevent you from exercising the above rights.
WE WILL NOT tell you that you cannot discuss your terms and conditions of
employment with other employees.
WE WILL NOT prohibit you from sharing any individual employment agreement that you
received with other employees or prohibit you from discussing any terms and conditions
of employment contained in these agreements with other employees.
WE WILL NOT watch or make it appear to you that we are watching you in order to
discover your union and/or protected activities.
WE WILL NOT coercively increase scrutiny of employees performing their work
because of their support for the Cleveland Alliance of Charter Teachers and Staff
affiliated with the Ohio Federation of Teachers, American Federation of Teachers, AFL-
CIO, or for any other union and/or protected activities.
WE WILL NOT, in any other manner, interfere with, restrain, or coerce you in your
exercise of your rights under Section 7 of the Act.
NORTHEAST OHIO COLLEGE PREPARATORY SCHOOL
AND I CAN SCHOOLS, JOINT EMPLOYERS
The Board’s decision can be found at www.nlrb.gov/case/08-CA-162121 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1015 Half Street, S.E., Washington, D.C.
20570, or by calling (202) 273-1940.
6