Bloomberg Law
Feb. 6, 2019, 9:14 PM

Charter School Unionizing Brings Together Unlikely NLRB Partners

Robert Iafolla
Robert Iafolla

Unionizing at charter schools has made for strange bedfellows at the National Labor Relations Board.

The NLRB’s Republican members this week granted a union’s request to revisit board authority over charter schools. Meanwhile, the NLRB’s sole Democratic member sided with the charter school involved in the case, saying the issue didn’t warrant review.

To determine jurisdiction, the NLRB currently uses a case-by-case approach that turns on whether a school is a political subdivision of the state, which would make it subject to state rather than federal labor law. While that test has led to the NLRB asserting jurisdiction over charter ...