This decision from the National Labor Relations Board (NLRB) Region 28 addresses a petition for a representation election filed by the Arizona Alliance of Charter Teachers and Staff, AFT Local 6627, AFL-CIO, concerning employees of the City Center for Collaborative Learning (the Employer). The Petitioner sought to represent a unit encompassing both professional and non-professional employees. The Employer raised two primary defenses: first, that it is a political subdivision of the State of Arizona and therefore exempt from NLRB jurisdiction under Section 2(2) of the National Labor Relations Act (the Act); and second, that the Dean of Students, Jessica Janecek, should be excluded from the unit as a supervisor under Section 2(11) of the Act.

The Regional Director found that the Employer is not a political subdivision of the State of Arizona and is thus subject to NLRB jurisdiction. The legal analysis for this determination relied on the U.S. Supreme Court's decision in NLRB v. Natural Gas Utility District of Hawkins County, which established a two-pronged test: an entity is exempt if it is (1) created by a state as a governmental arm, or (2) administered by individuals responsible to public officials or the general electorate. The Regional Director concluded that the Employer failed both prongs. Regarding the first prong, the Employer was created by private individuals, not directly by the State of Arizona, despite operating under a contract with the Arizona State Board for Charter Schools (the Charter Board). For the second prong, while the Charter Board has regulatory oversight and can revoke the Employer's contract, it does not control the appointment or removal of the Employer's Board of Directors. The Employer's Board of Directors is self-governing in these respects, and the Charter Board's authority to approve or reject proposed directors is limited to ensuring compliance with administrative requirements like fingerprint clearance and conflict-of-interest checks, not a direct control over administration. Furthermore, the fact that the Employer is subject to certain state laws and regulations applicable to public schools does not, in itself, make it a political subdivision, especially when private entities contracting with the government are often subject to such regulations.

Regarding the supervisory status of Dean of Students Jessica Janecek, the Regional Director found that she is a statutory supervisor under Section 2(11) of the Act. The legal standard requires showing that an individual possesses one of the enumerated supervisory functions, exercises independent judgment in doing so, and acts in the interest of the employer. The Employer met its burden by demonstrating that Janecek has the authority to:

The Regional Director found that the Employer did not meet its burden to establish that Janecek possesses the authority to hire or effectively recommend hiring with independent judgment. Her role in hiring is primarily collaborative, with the principal holding ultimate decision-making authority.

Consequently, the Regional Director directed an election for the petitioned-for unit, excluding Dean of Students Janecek as a supervisor. The election will be conducted with two voting groups: professional employees and non-professional employees. Professional employees will have the opportunity to vote on whether they wish to be included in the same bargaining unit as non-professional employees.

Significant Cases Cited

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