The Pennsylvania Cyber Charter School (PCCS) has lost in its bid to stop a union election among its teachers. The Pennsylvania Cyber School Education Association, an arm of the Pennsylvania School Education Association and the National Education Association, sought an election to represent the teachers working for the PCCS.
PCCS had argued that it was an exempt political subdivision under Pennsylvania State law. The National Labor Relations Board (NLRB) did not agree. It said to be an exempt state entity, the entity must “either be (1) created directly by the state, so as to constitute departments or administrative arms of the government, or (2) administered by individuals who are responsible to public officials or to the general electorate.”
The NLRB majority found that the charter school was “a nonprofit corporation created by private individuals,” not an arm of government and therefore not exempt.