Decision and Direction of Election: Lusher v. UTNO

7/26/2019 Decision and Direction of Election: Lusher v. UTNO

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UNITED STATES OF AMERICA

BEFORE THE NATIONAL LABOR RELATIONS BOARD

REGION 15

ADVOCATES FOR ARTS-BASED EDUCATION

CORPORATION D/B/A LUSHER CHARTER

SCHOOL

Employer

and

ase 15-RC-174745

UNITED TEACHERS OF NEW ORLEANS

LOCAL 527 LFT AFT

Petitioner

DECISION AND DIRECTION OF ELECTION

Upon a Petition filed under Section 9(c) of the National Labor Relations Act (Act), as

amended, a hearing was held before a Hearing Officer of the National Labor Relations Board

(Board) in New Orleans, Louisiana, on May 3, 2016. Pursuant to the provisions of Section 3(b)

of the Act, the Board has delegated its authority in this proceeding to the undersigned, and I

hereby make the following findings.

I

ummary of Findings

The only issue in this proceeding is whether the Board has jurisdiction over Advocates

For Arts-Based Education Corporation d/b/a Lusher Charter School (Employer), the operator of

a charter public school. As explained more fully below, I find the Board has jurisdiction.

The Issue

The Employer asserts the Board does not have jurisdiction over it because Section 2(2) of

the Act exempts from the Board's jurisdiction any State or political subdivision thereof' and the

Employer is a political subdivision of the State of Louisiana. The United Teachers of New

Orleans, Local 527, LFT, AFT (Petitioner) claims the Employer is not a political subdivision of

the State but, rather, is a private non-profit corporation subject to the Board's jurisdiction. As

explained more fully below, I find the Employer is not a political subdivision of the State, and

the Board has jurisdiction.

III Facts

In 2006, the Employer began operating the Lusher Charter School, pursuant to a contract

with the Orleans Parish School Board ( School Board ). Lusher Charter School consists of

grades kindergarten through twelve and is contained on several campuses in the City of New

Orleans, State of Louisiana. Prior to the Employer's operation of Lusher Charter School, the

School Board had operated a school, in one form or another, named Lusher, at the same


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Advocates for Arts-Based Education

Corporation d/b/a Lusher Charter School

Case 15 RC 174745

locations(s) for several decades. While the employees were previously employed by and paid by

the School Board, currently, they are employed by and paid by the Employer (though the

teachers participate in the Teacher Retirement System of Louisiana).

On April 25, 2016, the Petitioner filed the petition to represent certain employees of the

Employer.

A The Charter Law

n

1997, the Louisiana Legislature passed the Louisiana Charter School Demonstration

Programs Law. La. R.S. 17:3971 ( Charter Law ). The general purpose of the Charter Law is to

allow local school authorities to enter into contracts with nonprofit corporations to operate public

schools, pursuant to the terms of the Charter Law. See La. R.S. 17:3983(A)(1) ( Any of the

following may form a nonprofit corporation for the purpose of proposing a charter as provided in

this Subsection. ) and La. R.S. 17:3983(A)(4)(a) ( A local school board and a local charter

authorizer may enter into any charter it finds valid, complete, financially well-structured, and

educationally sound. ). See also La. R.S. 17:3972(B)(1) ( The purposes of this Chapter shall

be to provide opportunities for educators and others interested in educating pupils to form,

operate, or be employed within a charter school with each such school designed to accomplish

one or more of the following objectives. ). Finally, Section 3972 of the Charter Law,

Subsection (A), states:

It is the intention of the legislature in enacting this Chapter to

authorize experimentation by city and parish school boards by

authorizing the creation of innovative kinds of independent public

schools for pupils. Further, it is the intention of the legislature to

provide a framework for such experimentation by the creation of

such schools, a means for all persons with valid ideas and

motivation to participate in the experiment, and a mechanism by

which experiment results can be analyzed, the positive results

repeated or replicated, if appropriate, and the negative results

identified and eliminated. Finally, it is the intention of the

legislature that the best interests of at-risk pupils shall be the

overriding consideration in implementing the provisions of this

Chapter.

Section 3991 of the Charter Law, Subsection (A)(1)(a), requires that, with one exception

not applicable here, the operator of a charter school must be organized as a nonprofit

corporation under applicable state and federal laws. Subsection (A)(2) states:

Consistent with the provisions of this Chapter, a charter school and

its officers and employees may exercise any power and perform

any function necessary, requisite, or proper for the management of

the charter school not denied by its charter, the provisions of this

Chapter, or other laws applicable to the charter school.

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Finally, Section 3991 of the Charter Law, Subsection (A)(1)(b), prohibits board members

of charter schools from receiving compensation; Subsection (a)(1)(c)(i) prohibits charter schools

from employing any member of its board; Subsection (A)(1)(c)(ii) states that not more than

twenty percent of the board members may be members of the same immediate family. The

Charter Law contains no provisions for appointing or removing board members.

B.

The Employer s Articles of Incorporation

On August 23, 2005, Articles of Incorporation were filed with the Louisiana Secretary of

State creating the Employer as a Louisiana nonprofit corporation (Petitioner Exhibit 1). Article

VII (Directors), states that the powers and management of the corporation shall be vested in a

board of directors. Further, it states that all directors of the corporation shall be elected by

plurality vote of the board. The original board members were named in the Articles and were

private individuals. The Articles contain no explicit provision for the removal of a board

member.

C. The Chartering Authority

Employer Exhibit 2 is the School Board Chartering Authority, which sets out criteria that

must be included in all charter agreements between the School Board and charter operators

(though the final terms of any particular charter agreement are subject to negotiation). Section 3

sets out certain criteria for the charter school boards, such as subjecting them to a number of

good government statutes, that the entity be maintained as a nonprofit corporation, that 60% of

its members reside within the Parish of Orleans, that no more than one member of an immediate

family may serve on the board, and that no member of the board may be employed by the school

or be an elected official or have been an elected official within the previous year. However, the

Chartering Authority does not provide for the appointment or removal of board members.

D. The Charter Agreement

On January 11, 2006, the Employer entered into a contract (i.e., a charter) with the

School Board to operat[e] a charter school known as Lusher Charter School. The most recent

charter between the Employer and the School Board was signed by the Employer on July 11,

2011, and by the School Board on August 25, 2011 (Employer Exhibit 2).

Section 1.1.5 requires the Employer to maintain itself as a nonprofit corporation. Section

1.1.6 prohibits members of the Employer's board from receiving any compensation (other than

reimbursement of expenses). Section 1.2.3 states:

The Charter Board shall be the final authority in matters affecting Charter

School, including but not limited to staffing, job titles, employee salary and

benefits, financial accountability and curriculum.

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Section 1.2.4 states that the Employer is subject to the State's Open Meetings Law, the

Public Records Law, the Code of Governmental Ethics, and the Public Bid Laws for the

construction or alteration of immovable property. Section 1.2.5 requires the Board members to

submit financial disclosures as required by the Code of Government Ethics. Section 1.2.6

requires the Employer to at all times maintain itself as a Louisiana non-profit corporation.

Violation of any section of the charter could lead to revocation of the charter or other sanctions.

However, the charter agreement contains no provisions for appointing or removing board

members

IV nalysis and Findings

I find the Employer is not a subdivision of the State and is subject to the Board's

jurisdiction. The United States Congress excluded government entities from the Board's

jurisdiction. Section 2(2) of the Act excludes from the definition of employer the United States

or any wholly owned Government corporation, or any Federal Reserve Bank, or any State or

political subdivision thereof An entity may be considered a political subdivision if it meets

ith r

of two standards: 1) it was created directly by the State so as to constitute a department or

administrative arm of the government; or 2) it is administered by individuals who are responsible

to public officials or to the general electorate. NLRB v. Natural Gas Utility district of Hawkins

County,

402 US 600, 604-05 (1971). Here, the Employer satisfies neither of the standards.

A Creation of the Employer

The Employer was not created directly by the State but by private individuals. The Board

finds that entities created by an act of legislation to have been created directly by the State. The

Board has even found that entities created by an act of the judiciary to have been created directly

by the State

State Bar of New Mexico,

346 NLRB 862 (1990) (New Mexico's Supreme Court

enactment of rule creating state bar association amounted to direct creation by State). However,

entities created by private individuals are not created directly by the State, even if they are

created with the collaboration of the State to serve a public function on behalf of the State.

Chicago Mathematics Science Academy Charter School, Inc.,

359 NLRB No. 41, slip op. p. 6

(2012) ( Chicago Mathematics ) (Board found organization operating charter school created by

incorporators of organization, not legislature). For example, in Regional Medical Center at

Memphis,

343 NLRB 346 (2004), the Board found the entity operating the county's public

hospital to have been created by private individuals and not created by the county. In that case,

after private individuals created a non-profit corporation to operate the hospital, the county

dissolved the county hospital authority and executed a contract with the non-profit corporation to

operate the hospital. Because the non-profit corporation was created by individuals, the Board

found it was not created directly by the county. Id.

at 358

In

Chicago Mathematics, supra,

the Board found that the operator of a Chicago charter

public school was not created directly by the state but, rather, by the individuals who created the

non-profit corporation that operated the school. In that case, it was argued that the State of

Illinois created the entity through the enactment of the Charter Schools Law, which allowed the

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existence of charter schools. However, the Board, found that the statute simply permitted local

school authorities to enter into contracts with private entities to administer public schools and

that the entities were created by the individuals who incorporated them. Thus, the Board found

the entity administering the charter school was not created directly by the State.

Similarly, in the current matter, the Employer was created by the individual(s) who

incorporated it in 2005, not by the State. The Employer was created when its Articles of

Incorporation were filed with the Louisiana Secretary of State. Its continued existence as a legal

entity depends on its adherence to the corporation laws of the State of Louisiana and the

willingness of its board. Even if the Employer ceased operating the Lusher Charter School, or if

the Charter Law were repealed in its entirety, the Employer would continue existing as a legal

entity until its board authorized its dissolution.

The Employer looks to the following language in the Charter Law to establish the

Employer was created directly by the State (Section 3972, Subsection (A), emphasis added):

It is the intention of the legislature in enacting this Chapter to

authorize experimentation by city and parish school boards

by

authorizing the creation of

innovative kinds of independent public

schools for pupils. Further, it is the intention of the legislature to

provide a framework for such experimentation

by the creation of

such schools

a means for all persons with valid ideas and

motivation to participate in the experiment.

However, the plain meaning of the language, and its placement in the section of the Charter Law

setting forth the law's purpose and intent, is to explain the purpose of allowing such schools as

those described, not to create them. Nowhere in the Charter Law is any agency, department,

commission, public benefit corporation, or any other entity, created.' It was not until August 23,

2005, by the filing of the Employer's Articles of Incorporation, that the Employer was created.

Therefore, the Employer was not created directly by the State.

B Administration of the Employer

The Employer is not administered by the State. In determining whether an entity is

administered by individuals who are responsible to public officials or the general electorate,

the Board looks at whether a majority of those individuals are appointed by or subject to

removal by public officials.

Chicago Mathematics

359 NLRB No. 41, slip op. pp. 7-8 (2012).

In

Chicago Mathematics

the Board found that all of the board's directors, who had complete

control over the operations of the charter school (within the parameters of Illinois' Charter

School Law and its charter with the local school authority), could be appointed and removed

By contrast, note the original language of Section 3 of the National Labor Relations Act: There is hereby created

as an independent agency in the Executive branch of the government, a board, to be known as the National Labor

Relations Board, which shall be composed of..

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Case 15-RC-174745

only by the board itself. Thus, the individuals administering the school were not responsible to

public officials or to the general electorate.

Similarly, in the instant case, the Employer is not administered by individuals who are

responsible to public officials or the general electorate. Under the terms of the Employer s

Articles of Incorporation, board members are selected by current members (the initial members

were named in the Articles of Incorporation). While there is no explicit provision in the Articles

for removing a Board member, neither the Charter Law nor the Employer s charter with the

School Board authorizes someone (e.g., a public official or the general electorate) to remove a

board member. The record contains no evidence of any other law or authority allowing someone

to appoint or remove a board member. Additionally, there is no evidence that a board member

has ever been appointed and /or removed by a public official or the general electorate. Thus, it

cannot be said that any of the Employer s board members are responsible to public officials or

the general electorate

Further, other than setting standards and guidelines, both the Charter Law and the

Employer s charter grant the Employer s board complete control over the operations of the

school, including hiring and firing. Consequently, it cannot be said that any of the individuals

with any control over the administration of the school may be removed by public officials or the

general electorate. Therefore, the Employer is not administered by individuals who are

responsible to public officials or the general electorate.

V

onclusion

I find that the Board has jurisdiction over the Employer. The Employer was not created

by the State and is not administered by the State and, consequently, is not a political subdivision

of the State within the meaning of Section 2(2) of the Act. Therefore, the Employer is a private

entity over which the Board has jurisdiction.`

Further, based upon the entire record in this matter, including stipulations of the parties, I

also conclude and find as follows:

The hearing officer s rulings made at the hearing are free from prejudicial error and are

hereby affirmed

The Employer is a private nonprofit corporation established in 2005 for the purpose of

operating a public K through 12 charter school. The Employer has an office and place of

business in the City of New Orleans, State of Louisiana. During the year preceding the filing of

No evidence was presented suggesting the Employer is any of the types of private entities over which the Board

either has no jurisdiction or has chosen not to exercise jurisdiction. Further, while it played no role in my findings

because it applied a different law and it is also not binding on the Board, I note the consistency of my findings with

those of the United States District Court for the Eastern District of Louisiana, recently holding that the Employer

was free to bring a suit against the School Board under 42 USC 1983 because it is not a political subdivision of the

State or a State actor Petitioner Exhibit 4).

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the petition, a representative period, the Employer, in the conduct of its operations, derived gross

annual revenue in excess of 1 million. During the same period, the Employer purchased and

received goods and supplies and materials in excess of 50,000 directly from points located

outside the State of Louisiana.

A question affecting commerce exists concerning the representation of certain employees

of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act.

The Petitioner is a labor organization within the meaning of Section 2(5) of the Act.

The Employer is engaged in commerce within the meaning of the Act, and it will

effectuate the purposes of the Act to assert jurisdiction herein.

There is no contract bar, or any other bar, to an election. There is no history of collective

bargaining between the Petitioner and the Employer.

Certain of the employees, as described in Voting Group A, below, are professional

employees within the meaning of Section 2(12) of the Act.

DIRE TION OF ELE TION

The National Labor Relations Board will conduct a secret ballot election among the

employees in the unit found appropriate above. Employees will vote whether or not they wish to

be represented for purposes of collective bargaining by United Teachers of New Orleans, Local

527, LFT, AFT

Based on the parties' agreement that a

onotone

election is desired, the parties will be

accorded a

onotone election.

Sonotone Corp.

90 NLRB 123 (1950). Accordingly, I shall direct

separate elections in the following voting groups:

Included in Voting Group A: All full-time and regular part-time

professional employees, including teachers and permanent

substitute teachers, social workers, nurses, librarians, counselors

and deans of students; Excluded from Voting Group A: teacher

assistants, child-specific aides, teacher support staff, office clerical

employees, office administrative employees, attendance clerks,

custodians, food service employees, guards and supervisors as

defined by the Act.

Included in Voting Group B: All full-time and regular part-time

teacher assistants, child-specific aides, library clerks, counseling

clerks, parent/community liaison, special services coordinator and

school-home liaison; Excluded from Voting Group B: all teacher

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support staff, office clerical employees, office administrative

employees, receptionists, attendance clerks, custodians, food

service employees, all professional employees, guards and

supervisors as defined by the Act.

The employees in the professional Voting Group A will be asked two questions on their

ballots:

1

Do you desire to be included in the same unit as non-professional employees of the

Employer for the purpose of collective bargaining?

2.

Do you desire to be represented for purposes of collective bargaining by United

Teachers of New Orleans, Local 527, LFT, AFT?

If a majority of the professional employees in Voting Group A vote yes to the first

question, indicating a desire to be included in a unit with the non-professional employees, they

will be included. Their vote on the second question will then be counted with the votes of the

non-professional employees voting in Voting Group B to decide whether to select Petitioner as

the representative for the entire combined unit. The Petitioner has indicated its willingness to

represent the professional employees separately if those employees vote for separate

representation. Thus, if the professional employees in Voting Group A do not vote for inclusion,

they will constitute a separate unit.

The ultimate determination will be based on the results of the elections. However, the

following findings are made with regard to the appropriate units:

I. If the professional employees vote for inclusion in a unit with the non-professional

employees, it is found that the following employees will constitute a unit appropriate for

the purposes of collective bargaining within the meaning of Section 9 b) of the

Act:

Included: all full-time and regular part-time professional

employees, including teachers and permanent substitute teachers,

social workers, nurses, librarians, counselors and deans of students,

all full-time and regular part-time teacher assistants, child-specific

aides, library clerks, counseling clerks, parent/community liaison,

special services coordinator and school-home liaison; Excluded:

teacher assistants, child-specific aides, teacher support staff, office

clerical employees, office administrative employees, custodians,

food service employees, receptionists, attendance clerks, guards

and supervisors as defined by the Act.

2. If the professional employees vote against inclusion in the unit with the non-professional

employees, it is found that the following units are appropriate for the purposes of

collective bargaining within the meaning of Section 9 b) of the Act:

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Included in Voting Group A: all full-time and regular part-time

professional employees, including teachers and permanent

substitute teachers, social workers, nurses, librarians, counselors

and deans of students; Excluded from Voting Group A: teacher

assistants, child-specific aides, teacher support staff, office clerical

employees, office administrative employees, attendance clerks,

custodians, food service employees, guards and supervisors as

defined by the Act.

Included in Voting Group B: All full-time and regular part-time

teacher assistants, child-specific aides, library clerks, counseling

clerks, parent/community liaison, special services coordinator and

school-home liaison; Excluded from Voting Group B: all teacher

support staff, office clerical employees, office administrative

employees, receptionists, attendance clerks, custodians, food

service employees, all professional employees, guards and

supervisors as defined by the Act.

A Election Details

The election will be held on the following date, at the following times and places. A pre-

election conference will take place on Friday, May 13, 2016, at 4:30pm, at Region 15 s office

located at 600 South Maestri Place, Floor 7, New Orleans, Louisiana.

Election Date:

ay 17, 2016

Election Time:

:30am 5:00pm

Election Locations: Room 108

Library

K through 1 Building

Freret Facility

Willow Facility

5624 Freret Street

7315 Willow Street

New Orleans, Louisiana

New Orleans, Louisiana

The counting of the ballots will take place at 5:30pm on May 17, 2016, in the Library at

the Freret Facility.

B

Voting Eligibility

Eligible to vote are those in the unit who were employed during the payroll period ending

April 30, 2016, including employees who did not work during that period because they were ill,

on vacation, or temporarily laid off.

Employees engaged in an economic strike, who have retained their status as strikers and

who have not been permanently replaced, are also eligible to vote. In addition, in an economic

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strike that commenced less than 12 months before the election date, employees engaged in such

strike who have retained their status as strikers but who have been permanently replaced, as well

as their replacements, are eligible to vote. Unit employees in the military services of the United

States may vote if they appear in person at the polls.

Ineligible to vote are (1) employees who have quit or been discharged for cause since the

designated payroll period; (2) striking employees who have been discharged for cause since the

strike began and who have not been rehired or reinstated before the election date; and (3)

employees who are engaged in an economic strike that began more than 12 months before the

election date and who have been permanently replaced.

C.

oter List

As required by Section 102.67(1) of the Board s Rules and Regulations, the Employer

must provide the Regional Director and parties named in this decision a list of the full names,

work locations, shifts, job classifications, and contact information (including home addresses,

available personal email addresses, and available home and personal cell telephone numbers) of

all eligible voters

To be timely filed and served, the list must be

re eived

by the regional director and the

parties by Thursday, May 12, 2016. The list must be accompanied by a certificate of service

showing service on all parties.

The region will no longer serve the voter list.

Unless the Employer certifies that it does not possess the capacity to produce the list in

the required form, the list must be provided in a table in a Microsoft Word file (.doc or docx) or a

file that is compatible with Microsoft Word (.doc or docx). The first column of the list must

begin with each employee s last name and the list must be alphabetized (overall or by

department) by last name. Because the list will be used during the election, the font size of the

list must be the equivalent of Times New Roman 10 or larger. That font does not need to be

used but the font must be that size or larger. A sample, optional form for the list is provided on

the NLRB website at

www.nlrb.gov/what-we-do/conduct-elections/representation-case-rules-

effective-april-14-2015.

When feasible, the list shall be filed electronically with the Region and served

electronically on the other parties named in this decision. The list may be electronically filed

with the Region by using the E-filing system on the Agency s website at

www.nlrb.gov.

Once

the website is accessed, click on

E-File Documents

enter the NLRB Case Number, and follow

the detailed instructions.

Failure to comply with the above requirements will be grounds for setting aside the

election whenever proper and timely objections are filed. However, the Employer may not

object to the failure to file or serve the list within the specified time or in the proper format if it is

responsible for the failure

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No party shall use the voter list for purposes other than the representation proceeding,

Board proceedings arising from it, and related matters.

D

osting of Notices of lection

Pursuant to Section 102.67(k) of the Board s Rules, the Employer must post copies of the

Notice of Election accompanying this Decision in conspicuous places, including all places where

notices to employees in the unit found appropriate are customarily posted. The Notice must be

posted so all pages of the Notice are simultaneously visible. In addition, if the Employer

customarily communicates electronically with some or all of the employees in the unit found

appropriate, the Employer must also distribute the Notice of Election electronically to those

employees. The Employer must post copies of the Notice at least 3 full working days prior to

12:01 a.m. of the day of the election and copies must remain posted until the end of the election.

For purposes of posting, working day means an entire 24-hour period excluding Saturdays,

Sundays, and holidays. However, a party shall be estopped from objecting to the nonposting of

notices if it is responsible for the nonposting, and likewise shall be estopped from objecting to

the nondistribution of notices if it is responsible for the nondistribution. Failure to follow the

posting requirements set forth above will be grounds for setting aside the election if proper and

timely objections are filed.

RIGHT TO R QU ST R VI W

Pursuant to Section 102.67 of the Board s Rules and Regulations, a request for review

may be filed with the Board at any time following the issuance of this Decision until 14 days

after a final disposition of the proceeding by the Regional Director. Accordingly, a party is not

precluded from filing a request for review of this decision after the election on the grounds that it

did not file a request for review of this Decision prior to the election. The request for review

must conform to the requirements of Section 102.67 of the Board s Rules and Regulations.

A request for review may be E-Filed through the Agency s website but may not be filed

by facsimile. To E-File the request for review, go to

www.nlrb.gov

,

select E-File Documents,

enter the NLRB Case Number, and follow the detailed instructions. If not E-Filed, the request

for review should be addressed to the Executive Secretary, National Labor Relations Board,

1015 Half Street SE, Washington, DC 20570-0001. A party filing a request for review must

serve a copy of the request on the other parties and file a copy with the Regional Director. A

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Neither the filing of a request for review nor the Board s granting a request for review

will stay the election in this matter unless specifically ordered by the Board.

Dated: May 10, 2016

M. Kathleen McKinney

Regional Director

National Labor Relations Board

Region 15

600 South Maestri Place, Floor 7

New Orleans, Louisiana 70130-3414

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Form NLRB-707

4-2015)

United States of America


NOTICE OF ELECTION

PURPOSE OF ELECTION: Th is e lect ion is to determine the representa t ive , i f any, des i red by th e e l ig ib le

employees for purposes of collective bargaining with their employer. A majority of the valid ballots cast will

determine the results of the election. Only one valid representation election may be held in a 12-month period.

SECRET BA LLOT: The e lect ion w i l l be by SECRET ba l lo t under the sup erv is ion o f th e Reg iona l D i rector o f the

National Labor Relations Board NLRB). A sample of the off icial ballot is shown on the next page of this Notice.

Voters will be allowed to vote without interference, restraint, or coercion. Electioneering will not be permitted

at or near the polling place. Violations of these rules should be reported immediately to an NLRB agent. Your

at ten t ion is c a l led to Sect ion 12 o f the Nat iona l Labor Re la t ions Ac t wh ich prov ides: ANY PERSON WHO SHALL

WILLFUL LY RESIST, PREVENT, IMPEDE, OR INTERFERE WITH ANY M EMBER OF THE BOA RD OR AN Y OF ITS AGENT

OR AG ENCIES IN THE PERFORMANCE OF DUTIES PURSUANT TO THIS ACT SHALL BE PUNISHED BY A FINE OF NOT

MORE THAN 5,000 OR BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.

ELIGIBIL ITY RULES: Emp loyees e l ig ib le to vo te are those descr ib ed und er the VOTING UNIT on the next p age and

include employees who did not work during the designated payroll period because they were ill or on vacation

or temporarily laid off, and also inc lude employees in the military service of the United States who appear in

person at the polls. Employees who have quit or been discharged for cause since the designated payroll period

and who have not been rehired or reinstated prior to the date of this election are ot eligible to vote.

SPECIAL ASSISTANCE: Any em ployee or o ther par t ic ipant in th is e lect ion wh o has a hand icap o r needs spec ia l

ass is tance such as a s ign language in terpre ter to par t ic ipa te in th is e lect ion sh ould n ot i fy an NLRB Of f ice as soon

as possib le and request the necessary assistanc e.

PROCESS OF VOTING: Upon arr iva l a t the vo t ing p lace, vo ters shou ld proc eed to the Board agent and ident i fy

themselves by stating their name. The Board agent will hand a ballot to each eligible voter. Voters will enter the

voting booth and mark their ballot in secret. DO NOT SIGN YOUR BALLOT. Fold the ballot before leaving the

voting booth, then personally deposit i t in a ballot box under the supervis ion of the Board agent and leave the

pol l ing area.

CHALL ENGE OF VOTERS: If you r e l ig ib i l i ty to vo te is c ha l lenged, you wi l l be a l lowed to vo te a cha l lenged ba l lo t .

Although you may believe you are eligible to vote, the polling area is not the place to resolve the issue. Give the

Board agent your name and any other information you are asked to prov ide. After you receive a ballot, go to the

voting booth, mark your ballot and fold i t so as to keep the mark secret. DO NOT SIGN YOUR BALLOT. Return to

the Board agent who wil l ask you to place your ballot in a challenge envelope, seal the envelope, place it in the

ballot box, and leave the polling area. Your eligibility wi ll be resolved later, if necessary.

AUTHORIZED OBSERVERS: Each par ty m ay des ignate an equa l num ber o f observers, th is num ber to be

determined by the NLRB. These observers a) act as checkers at the vot ing place and at the counting of ballots;

(b ) ass is t in ident i fy ing vo ters ; (c) cha l lenge voters and b a l lo ts ; and (d) o therwise ass is t the NLRB .

WARNING: This is the only official notice of this election and must not be defaced by anyone. Any markings that you may see on any

sample ballot or anywhere on this notice have been made by someone other than the National Labor Relations Board and have not

been put there by the National Labor Relations Board. The National Labor Relations Board is an agency of the United States

Government and does not endorse any choice in the election.

age 1 of


15/19

UN I TED S TATES OF AM ERI CA

National Labor Relat ions Board

15-RC-174745

OFFICIAL SECRET BALLOT

For certain employees of

ADVOCATES FOR ARTS -BAS ED EDUCATI ON CORPORATI ON D/B/A LUS HER CHARTER S CHOOL

Do you wish to be included with nonprofessional employees in a unit

for the purposes of collective bargaining?

MARK AN "X" I N THE S QUARE OF YOUR CHOI CE

N O

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NIT TEA

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ted or

N EW Oa

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ing by

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immmmummumgraz iag ick-ammou

YOUR

CHOICE

11

Et -----

N O

DO NOT SIGN THIS BALLOT. Fold and drop in the bal lot box.

f

you spo il this ballot , return it to the Board Agent for a ne w one.

The National Labor Relat ions Board does not endorse any choice in this e lection. Any mark ings that you may see on any

sample ballot

have not been put there by the National Labor Relations Board.

Fo rm NLRB-707

4-2015)

Un i ted States o f Amer ica

Na t ion a l La bor R e la t ion s Boa rd

NO TICE OF ELECTION

VOT ING UNIT S

VOTING GROUP UNIT A:

Included in Voting Group A: all full-time and regular part-time professional employees including teachers and

permanent substitute teachers social workers nurses librarians counselors and deans of students; Excluded from

Voting Group A: teacher assistants child-specific aides teacher support staff office clerical employees office

administrative employees attendance clerks custodians food service employees guards and supervisors as defined

by the Act.

Ba l lo t f o r Vo t ing G roup - Un i t A

If a m ajority of the professional em ployees voting in Unit A vote Yes to the first question, indicating their desire to be included

in a unit with non-pr ofessional em ployees, they will be so included, and their votes on the second qu estion will be counted

together with the votes of the non-professional employees in Unit

B to dec ide the ques t i on conce rn ing represen ta t i on f or the

overa l l un i t cons is t ing of the emp loyees in Uni ts A and B. I f on the other han d, a majori ty of the profess ional employ ees vot ing in

Uni t A do not vote "Yes" to the f i rs t quest ion , the i r ba l lots wi l l be counted separate ly to dec ide the quest ion concern ing

represen tat ion in a separate Uni t A.

WAR NING: Th is is the only o f f ic ia l not i ce o f th i s e lec t ion and m ust not be defaced by any one. Any m ark ings that you m ay see on any

samp le ba l lo t o r anywhere on th i s no ti c e have been m ade by som eone o ther than the Na t i ona l Labo r Re la t ions Boa rd , and have no t

been pu t there by the Na t i ona l Labo r Re l a t ions Boa rd . The Na t i ona l Labo r Re l a ti ons Boa rd i s an agen cy o f the Un i ted S ta tes

Governm ent, and does not endorse any cho ice in the e lec t ion.

Page of 5


16/19

gaini

FT

UNITED STATES OF AMERICA


15-RC-174745

or certa

ATION

mploy

PORDVOCAT S-

e re

HER

R CHOI

DO NOT SIGN THIS BALLOT. Fold and drop in the ballot box.

If you spoil this ballot return it to the Board Agent for a new one.

The National Labor Relations Board does not endorse any choice in this election. Any markings that you may see on any

sample ballot have not been pu t there by the National Labor Relations B oard.

Form NLRB-707

4-2015)



NOTICE OF ELECTION

V OT I N G GR OU P U N I T B :

Included in Voting Group B: All full-time and regular part-time teacher assistants child-specific aides library clerks

counseling clerks parent/community liaison special services coordinator and school-home liaison; Excluded from

Voting Group B: all teacher support staff office clerical employees office administrative employees receptionists

attendance clerks custodians food service employees all professional employees guards and supervisors as defined

by the Act

Ba l lo t fo r Vo t ing Group Un i t B





age 3 of


17/19

Form N LRB-707

4-2015)



NOTICE OF ELECTION

DATE TIME AND PLACES OF ELECTION

Tuesday May 17 2016

7:30 a.m. - 5 :00 p.m . Room 108

K through 1 Building

Willow Facility

7315 Willow Street

New Orleans LA

AND

Tuesday May 17 2016

7:30 a.m. - 5 :00 p.m . Library Freret Facility

5624 Freret Street

New Orleans LA

EMPLOYEES RE FREE

TO VOTE AT ANY TIME THE POLLS ARE OPEN.

ALL BALLOTS WILL BE MINGLED AND COUNTED AT 5:30 P.M. AT THE FRERET STREET LOCATION IN THE LIBRARY.


sample ballot o r anywhere on this notice have been m ade by som eone o ther than the National Labor R elations B oard, and have not


Governm ent, and does not endorse any choice in the election. age 4 of


18/19

Form NLRB-707

4-2015)



NOTICE OF ELECTION

RIGHTS OF EMPLOYEES - FEDERAL LAW GIVES YOU THE RIGHT TO:

Form , jo in , or ass is t a un ion

Choos e rep resen t a t ives t o ba rga in w i t h you r emp l oye r on you r beha l f

Act t oge ther w i th o ther em ploy ees fo r you r benef i t and p ro tec t ion

Choose n o t t o engage in any o f t hese p ro t ec t ed ac t iv i t i es

In a Sta te where such agreem en ts a re perm i t t ed , t he Un ion and Em ployer m ay en te r in to a l aw fu l un ion -

secu r i t y agreem en t requ i r ing em ployees t o pay per iod ic dues and in i t i a t ion fees . Nonm em bers who in fo rm

the Un ion tha t t hey ob jec t t o t he use o f t he i r paym en ts fo r no n represen ta t iona l pu rposes m ay be requ i red t o

pay on ly the i r share o f the Union s cos ts o f representat iona l ac t iv i t ies (such as co l lec t ive barga in ing , cont rac t

adm in is t ra t ion , and g r ievance ad jus tm en t ).

It is the responsibility of the National Labor Relations Board to protect employees in

the exercise of these rights.

The B oa rd wan ts a l l e l ig ib l e vo te rs t o be fu l l y in fo rm ed abou t t he i r r igh t s u nder Federal l aw and wan ts b o th

Emp l oy e rs and U n ions t o k n ow w ha t i s ex pec t ed o f t hem w hen i t ho l ds an e lec t i on .

I f agen ts o f e i t her Un ions o r Em ployers in te r fe re w i th you r r igh t t o a f ree , fa i r , and ho nes t e lec t ion the e lec t ion can be

se t as ide by t he Board . When app rop r ia t e, the Board p rov ides o t he r remed ies , such as re ins t a t emen t f o r emp l oy ees

f i r ed f o r ex e rc i s ing t he i r r i gh t s , i nc l ud ing back pay f r om t he pa r t y respons ib l e f o r t he i r d i scha rge .

The following are examples of conduct that interfere with the rights of employees

and may result in setting aside of the election:

Threa t en ing l oss o f j obs o r bene f it s by an Em p l oye r o r a U n ion

P rom is in g o r g ran t ing p rom ot ions , pay ra i ses , o r o t he r bene f i t s , t o i n f l uence an emp l oyee s vo t e by a pa r t y

capab le o f car ry ing out such prom ises

An Em p l oye r f i r ing emp l oyees t o d i scou rage o r encourage un ion ac t i v i ty o r a U n ion caus ing t hem t o be f i red

t o encourage un ion ac t i v i ty

M ak ing campa ign sp eeches t o assemb l ed g roups o f emp l oyees on co mpan y t ime , whe re a tt endance i s

m and a to ry , w i t h in t he 24 -hou r per iod be fo re the p o l l s fo r t he e lec t ion f i r s t open o r t he m a i l ba ll o t s a re

d ispa t ched in a ma i l ba l l o t e l ec t i on

I nc i t emen t by e i t her an Emp l oy e r o r a U n ion o f r ac ia l o r r e li g ious p re jud ice by i n f l amm at o ry appea l s

Threat en ing phys ica l fo r ce o r v io l ence t o emp l oy ees by a U n ion o r an Emp l oy e r t o i n f l uence the i r vo t es

The National Labor Relations Board protects your right to a free choice.

Im proper co nduc t w i l l no t be perm i t t ed . A l l pa r t ies a re expec ted to coopera te fu l ly w i th t h is Agency in m a in ta in ing

bas ic pr in c ip les o f a fa i r elec t ion as requi red by law .

Anyone with a question about the election may contact the NLRB Office at 504)589-6361 or visit the NLRB

website www.nlrb.gov

for assistance.

WARNING: This is the only

official notice of this election and must not be defaced by anyone. Any markings that you may see on any




age 5 of


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A