Decision 2484E – California Virtual Academies

LA-RR-1227-E

Decision Date: June 28, 2016

Decision Type: PERB Decision

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Perc Vol: 41
Perc Index: 18

Decision Headnotes

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
201.04000 – Joint, Single or Dual Employers

Under the single employer doctrine, where two or more ostensibly legally-distinct employer entities operate as one, together they constitute a single employer; a single bargaining relationship is created based on the pooled authority of the constituent entities; despite the fact that the 11 charter schools are separately chartered and accredited and operate under bylaws that purport to rest ultimate control over decision-making in a 11 boards of directors, the evidence established the key factors necessary to finding that the single employer doctrine applies; the operations of the 11 schools are functionally integrated, the schools share a common management structure, the conditions of employment are centrally determined across schools and the teachers are treated as resources to be shared, allocated and moved between schools as needed; accordingly, the single employer doctrine applies for representation purposes under EERA and a single statewide bargaining unit is appropriate.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.03000 – Community of Interest

Where the proposed bargaining unit is comprised of certificated teachers employed by 11 on-line charter schools, a single statewide bargaining unit is appropriate; even in settings where employees work in physical rather than virtual locations, statewide bargaining units are common; moreover, geography is no impediment to community of interest in a virtual environment.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.08000 – Classroom Teachers

Where the proposed bargaining unit is comprised of certificated teachers employed by 11 on-line charter schools, a single statewide bargaining unit is appropriate; even in settings where employees work in physical rather than virtual locations, statewide bargaining units are common; moreover, geography is no impediment to community of interest in a virtual environment.