Preschool of America

National Labor Relations Board - Unpublished Board Decisions

Sep 22, 2010

02-RC-023509 (N.L.R.B. Sep. 22, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PRESCHOOL OF AMERICA, INC.
Employer
and Case 2-RC-23509

COMMUNITY AND SOCIAL AGENCY
EMPLOYEES’ UNION, DISTRICT COUNCIL
1707, AFSCME, AFL-CIO
Petitioner
ORDER
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

WILMA B. LIEBMAN, CHAIRMAN
CRAIG BECKER, MEMBER
BRIAN E. HAYES, MEMBER

Dated, Washington, D.C., September 22, 2010.

1 The Employer contends, among other things, that Article 47 of the New York State Health Code mandates
that assistant teachers be supervised, and therefore that the Head Teachers are supervisors. For the
following reasons we reject that contention. First and foremost, the Employer offered no argument or
authority for the proposition that the term “supervision” has the same meaning under the Code as under the
National Labor Relations Act. Second, under Code Section 47.01(b), an assistant teacher’s supervisor may
be the facility director and need not be the head teacher in the classroom. Third, although Section 47.01(i)
defines “group teacher,” which the Employer contends is the legal status of its Head Teachers, as “a person
who ... is responsible for planning and supervising age appropriate activities for a given group of children,”
the most natural reading of that language is that the group teacher “supervises,” i.e., oversees, the children,
not that the group teacher supervises an assistant teacher. See Section 47.23. Fourth and finally, the
Employer made no showing that it is, in fact, complying with the New York State Health Code. For those
reasons, as well as those relied upon by the Regional Director, we decline to grant review.