Decision 2484E – California Virtual Academies
LA-RR-1227-E
Decision Date: June 28, 2016
Decision Type: PERB Decision
Description: In this EERA representation matter, the petitioning union sought exclusive recognition of a single bargaining unit of approximately 700 certificated teachers employed by 11 charter schools.
Disposition: The ALJ concluded that the 11 charter schools were a joint employer of the teachers and that a single, statewide bargaining unit was appropriate. The Board concluded that a single, statewide bargaining unit was appropriate under the single employer doctrine, not the joint employer doctrine.
Perc Vol: 41
Perc Index: 18
Decision Headnotes
201.04000 – Joint Employer, Single Employer, and Alter Ego Doctrines
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.
1309.03000 – 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.
1309.08000 – 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.