In the eyes of the NLRB, charter schools are private, not public
Here’s an interesting item that touches on the semantics as well as labor issues surrounding New York’s charter school movement.
A recent ruling by the National Labor Relations Board (NLRB), concludes that charter schools are private and efforts to start teachers unions in them should fall under their purview, rather than the Public Employment Relations Board (PERB) which oversees the public sector.
The decision stemmed from efforts by the United Federation of Teachers (UFT) to unionize teachers at the Hyde Leadership charter school in Brooklyn.
PERB had asserted jurisdiction over the school, but the union ended up arguing that organizing efforts should be overseen by the NLRB which administers labor law in the private sector.
The NLRB in its decision, concluded that “Hyde was not established by a state or local government, and is not itself a public school.”
Being a federal agency, the NLRB would have precedence over the state PERB.
It wasn’t immediately clear if the charter operators would appeal to the courts.
But UFT’s affiliate, New York State United Teachers, on Thursday pointed out that the NLRB’s description of charters as private schools runs counter to the terminology that charter supporters often use in describing their institutions.
I don’t think anyone would bet that charter proponents will stop calling their establishments public charter schools. But this decision adds a new twist to this ongoing debate over the nature of charters.
NYSUT spokesman Carl Korn noted that charters tend to call themselves public schools when it’s convenient, such as arguing for more government funding.
But they see them as private when it comes to disclosure rules that apply to traditional public schools.
“The charter industry wants to have it both ways,” Korn said in an email.
“Charter management claims charters are public schools when they want taxpayers’ money, but use legal maneuvers to hide from public audits, seek to evade the rules that govern public pre-k programs and, in this case, claim they are private schools when it comes to union representational elections.”In the eyes of the NLRB, charter schools are private, not public - Capitol Confidential:
“Charter management claims charters are public schools when they want taxpayers’ money, but use legal maneuvers to hide from public audits, seek to evade the rules that govern public pre-k programs and, in this case, claim they are private schools when it comes to union representational elections.”In the eyes of the NLRB, charter schools are private, not public - Capitol Confidential:
Here is the NLRB decision. The private/public discussion is on Page 8:
