The Foundation has filed an amicus brief in two New York Public Employment Relations Board (PERB) cases arguing that PERB could not adjudicate the cases because it lacked jurisdiction.
PERB was created in 1967 to administer collective negotiations and resolve disputes between public employers and their employees. In the two cases, Brooklyn Excelsior and Buffalo United, the PERB administrative law judges delivered conflicting opinions on whether PERB could exercise jurisdiction over the collective bargaining of teachers in these charter schools.
The United States Supreme Court has held that in order to maintain uniformity, the National Labor Relations Board (NLRB) must have exclusive jurisdiction over actions that are arguably within the jurisdiction of the National Labor Relations Act. Furthermore, NRLB directed that, in joint employer relationships, where one party is clearly private, NLRB preempts state boards from exercising jurisdiction.
The Foundation argued that because the charter schools have an extensive management agreement with a private for-profit company to operate the school, giving the company substantial control over school employees terms and conditions of employment, the management company is a joint employer. Accordingly, PERB is preempted from exercising jurisdiction in these cases.
To view Atlantic Legals brief, please click here.