Board Grants Review and Invites Briefs Regarding Jurisdiction Over Charter Schools

Washington, DC—Today, the National Labor Relations Board issued an Order in KIPP Academy Charter School, 02-RD-191760, granting review in part and inviting the filing of briefs regarding whether the Board should exercise its discretion to decline jurisdiction over charter schools as a class under Section 14(c)(1) of the National Labor Relations Act (NLRA) and, therefore, modify or overrule the 2016 Hyde Leadership Charter School—Brooklyn, and Pennsylvania Virtual Charter School decisions. NLRA section 14(c)(1) provides that the Board may decline to assert jurisdiction over labor disputes involving any class or category of employers where the effect of the dispute on commerce is not sufficiently substantial to warrant the exercise of its jurisdiction.

Chairman John F. Ring was joined by Members Marvin E. Kaplan and William J. Emanuel in granting review and inviting the filing of briefs.  Member McFerran dissented.

Briefs on review from parties are due February 19, 2019.  Amicus briefs must be submitted on or before March 6, 2019.  Replies to amicus briefs are due on March 20, 2019.

Click here to read the notice and invitation to file briefs.

Click here for a list of case participants.