Decision 1701E – Options for Youth-Victor Valley, Inc.
LA-RR-1082-E
Decision Date: November 5, 2004
Decision Type: PERB Decision
Description: OFY, a charter school, alleged that the NLRA preempted the association’s request for recognition of the teachers’ bargaining unit.
Disposition: The Board granted the association’s request for recognition and found that OFY is a public school employer under EERA because it is a charter school and is 90% state-funded. Only an appellate court may determine a federal preemption issue, not PERB.
Perc Vol: 29
Perc Index: 4
Decision Headnotes
101.01000 – In General
Under California Constitution Article 3, section 3.5, the Board may not refuse to enforce the provisions of EERA on the grounds that it is preempted by federal law, namely Section 2(2) of the National Labor Relations Act, which defines “employer” under the federal act. Only an appellate court may make such a determination. OFY is not precluded from raising the federal preemption issue before PERB in order to preserve the issue for review in State court
101.03000 – NLRA/LMRDA Precedent
Under California Constitution Article 3, section 3.5, the Board may not refuse to enforce the provisions of EERA on the grounds that it is preempted by federal law, namely Section 2(2) of the National Labor Relations Act, which defines “employer” under the federal act. Only an appellate court may make such a determination. OFY is not precluded from raising the federal preemption issue before PERB in order to preserve the issue for review in State court.
101.04000 – Statutues in Other Jurisdictions
Under California Constitution Article 3, section 3.5, the Board may not refuse to enforce the provisions of EERA on the grounds that it is preempted by federal law, namely Section 2(2) of the National Labor Relations Act, which defines “employer” under the federal act. Only an appellate court may make such a determination.
201.01000 – In General
It is undisputed that OFY, a charter school managed by a non-profit public benefit corporation and funded 90 percent through State funds, is a public school employer under EERA section 3540.1(k).
1300.02000 – Request for Recognition
The Board granted the Association’s request for recognition for the full-time certificated employees at OFY, a charter school.