Pennsylvania Virtual Charter School

364 N.L.R.B. No. 87, 364 N.L.R.B. 1118 (2016)

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Pennsylvania Virtual Charter School

National Labor Relations Board
364 N.L.R.B. No. 87, 364 N.L.R.B. 1118 (2016)

  • Written by Tammy Boggs, JD

Facts

Under Pennsylvania state law, a charter school could be established by private individuals who formed a nonprofit corporation. Charter schools were subject to oversight by the state department of education, which could revoke or fail to renew a school’s charter. The Pennsylvania Virtual Charter School (PVCS) (defendant) was privately founded by several individuals, who named themselves the “founding board.” The founding board incorporated PVCS as a nonprofit corporation, obtained the school district’s approval of the PVCS charter, and gained renewal of the charter. PVCS was operated by a six-member board of trustees, consisting of private individuals, and the board appointed and removed its own members. PVCS was mostly funded by the school districts where the students resided. A labor union (plaintiff) petitioned the National Labor Relations Board (the board) to represent a unit of teachers and academic support staff at PVCS. PVCS opposed the petition, arguing that the school was a political subdivision of Pennsylvania, exempt from the National Labor Relations Act. The regional director found that PVCS was not a political subdivision. The board reviewed the matter.

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Issue

Holding and Reasoning (No information provided)

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