In re Chicago Mathematics & Science Academy Charter School, Inc.

Under the Illinois Charter Schools Law, local public school boards could contract with third parties for educational services. Charter schools had to be organized and operated as nonprofit corporations authorized under the laws of Illinois, sponsored and authorized by a local school board, and certified by the Illinois State Board of Education. Charter schools were exempt from certain laws and regulations, but not all. Charter schools were subject to considerable oversight from the school board and had to comply with regulations and laws specified in the charter agreement between the corporation and the school board. In 2003 five individuals formed the Chicago Mathematics & Science Academy Charter School, Inc. (CMSA). CMSA was run by a board of directors. CMSA had a charter agreement with the Chicago School Board, which provided 80 percent of its funding. On June 23, 2010, the Chicago Alliance of Charter Teachers and Staff, IFT, AFT, AFL-CIO (the union) filed a petition with the Illinois Educational Labor Relations Board, seeking to represent teachers employed with CMSA. CMSA then filed a petition with the National Labor Relations Board (NLRB). The union contended that the NLRB lacked jurisdiction, because CMSA was a political subdivision within the meaning of the National Labor Relations Act (NLRA). The acting regional director agreed, finding that the school was a political subdivision and exempt from the NLRB’s jurisdiction.