decision and direction of election: ihsno v. utno

8/15/2019 Decision and Direction of Election: IHSNO v. UTNO

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UNITED STATES OF AMERICA

BEFORE THE NATIONAL LABOR RELATIONS BOARD

REGION 15

VOICES FOR INTERNATIONAL BUSINESS AND

EDUCATION INC. D/B/A INTERNATIONAL

HIGH SCHOOL OF NEW ORLEANS

Employer

and

ase 15 RC 175505

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

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

(Board) in New Orleans, Louisiana, on May 13, 2016. Pursuant to the provisions of Section 3(b)

of the Act, the Board h as delegated its authority in this proceeding to the undersigne d, and I

hereby make the following findings.

I.

umm ary of Findings

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

International Business and Education, Inc. d/b/a International High School of New Orleans

(Employer), the operator of a charter public school. As explained more fully below, I find the

Board has jurisdiction.

The Issue

The Em ployer 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 2009, the Em ployer began operating the International High School of New Orleans

IHS), pursuant to a contract with the Louisiana Board of E lementary and Secondary Education

( School Board ). The IHS consists of grades nine through twelve and is contained on one

campus in the City of New Orleans, State of Louisiana. The employees of the IHS are employed

by and paid by the Em ployer.


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Education, Inc. d/b/a International High

School of New O rleans

Case 15-RC-175505

On M ay 4, 2016, the Petitioner filed the petition to represent certain employees of the

Employer.

A The Charter Law

In 1997, the L ouisiana Legislature passed the L ouisiana Charter School Dem onstration

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 w ithin a charter school with each such school designed to accom plish

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 C harter 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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Case 15-RC-175505

Finally, Section 3991 o f the Charter Law, Subsection (A)(1)(b), prohibits board m embers

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

from em ploying any me mber 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 m embers.

B. The Employer s Articles of Incorporation

On August 7, 2 009, Articles of Incorporation were filed with the L ouisiana Secretary of

State creating the Employer as a Louisiana nonprofit corporation (Employer Exhibit 4). Article

V (Board of Directors), states that the Board memb ers are respons ible for the overall policy and

direction and shall delegate respons ibility for day-to-day operations to the head of school and

Voices for International Business and Education, Inc. (VIBE) committees. Further, it states that

all Board Mem bers will approve by a majority vote, new mem bers, officers and committee

chairs. The original Board Members were named in the Articles and were private individuals.

All the Board M embers are elected for one-year terms, but may be re-elected. Under the

Employer's by-laws effective November 19, 2014, at Article III, Section 3.5, a Board Member

may be removed w ith or without cause by a three-fourths vote of the remaining Board

Mem bers, and a Board Member shall be removed if he has three unexcused absences from the

board m eetings during the year.

C.

The Charter Agreement

The m ost recent charter between the Emp loyer and the School Board was signed by the

Em ployer on August 19, 2015, and by the School Board on March 5, 2015 (Employer Exhibit

1 .

Section 1.1.1 refers to the Board Members as (Charter Operator). Section 1.1.5 requires

the Employer to maintain itself as a nonprofit corporation. Section 1.1.6 prohibits members of

the Emp loyer's board from receiving any compensation (other than reimbursement of actual

expenses). Section 4.1.1 states:

The Charter Operator shall employ and contract with necessary personnel. It

shall implement a personnel policy that addresses such issues as hiring of

personnel, terms of employment, and compensation consistent with that

contained in the Charter Application. The parties agree that teachers and other

staff employed by the Charter Operator are not employees of BESE or the LDE.

The C harter Operator shall complete and subm it to the LDE the Collective

Bargaining Option Form , incorporated herein as E xhibit G.

Exhibit G indicates the Emp loyer would not follow any collective bargaining agreements

entered into by the local school district where the Employer is located. Exhibit F indicates the

Employer would not participate in the Teachers' Retirement System of Louisiana and the

Louisiana School Employees' Retirement System.

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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 G overnment corporation, or any Federal Reserve Bank, or any State or

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

either

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

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

to public officials or to the general electorate.

NLRB v. Natural Gas U tility district of Hawkins

County

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

A Creation of the Employer

The Em ployer 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 Mathem atics Science Academ y Charter School, Inc.,

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

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

incorporators of organization, not legislature). For example, in Regional Med ical 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 ho spital authority and executed a contract with the no n-profit corporation to

operate the hospital. Because the non-profit corporation w as 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 Ch icago 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 enactm ent of the Charter Schools Law , which allowed the

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

school authorities to enter into contracts with private entities to adm inister 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 d irectly by the State.

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

incorporated it in 2009, 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

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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 International High School of

New Orleans, or if the Ch arter Law were repealed in its entirety, the Em ployer would continue

existing as a legal entity until its board authorized its dissolution.

The E mployer states that the Em ployer is a publicly chartered school under Louisiana

Law. In support thereof, language in the Charter Law to establish the Employer states that it 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.

How ever, the plain me aning 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. Now here in the Charter Law is an

, agency,

department, commission, public benefit corporation, or any other entity, created. It was not

until August 7, 2009, 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 NL RB 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 rem oved

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

public officials or to the general elec torate.

Similarly, in the instant case, the evidence does not indicate that any of the Board

Mem bers are appointed by or subject to removal by public officials.

Chicago Mathematics

supra

Under the terms of the Employer's Articles of Incorporation, board members are selected

1

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-175505

by current members (the initial members were named in the Articles of Incorporation). 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 som eone to appoint or remove a board mem ber.

Additionally, there is no evidence that a board mem ber has ever been appointed and /or removed

by a pu blic official 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 pu blic 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 E mployer is a private nonprofit corporation established in 2009 for the purpose of

operating a public nine 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

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 com merce exists concerning the representation of certain employees

of the Em ployer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the A ct.

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

2

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.

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The Em ployer is engaged in comm erce within the meaning of the Act, and it will

effectuate the purposes of the Ac t to assert jurisdiction herein.

There is no con tract 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 V oting Group A , below, are professional

employees w ithin the meaning of Section 2 12) of the Act.

DIRE TION OF ELE TION

The N ational Labor Relations Board w ill 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, full-time substitute

teachers, teacher-department chairs, special education

coordinator/department chair, social workers, nurses, counselors,

remediation specialists, ESL coordinator, and behavior

interventionists employed at the Employer s New Orleans campus;

Excluded from V oting Group A: paraprofessionals, in-school

suspension aides, child-specific aides, teacher aides, head of

schoo l, principal, chief of staff, administrative assistant,

administrative consultant, dean of students, director of student

support, IB coo rdinator, marketing and recruiting m anager, data

manager, security guards, academic instructional coach, all other

administrative employees, all other managerial employees, all

other employees, guards and supervisors as defined in the Act.

Included in Voting Group B: Paraprofessionals, in-school

suspension aides, child-specific aides, and teacher aides employed

at the Employer s New Orleans campus; Excluded from Voting

Group B: All professional employees, head of school, principal,

chief of staff, administrative assistant, administrative consultant,

dean of students, director of student support, TB coordinator,

marketing and recruiting manager, data manager, security guards,

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academic instructional coach, all other administrative employees,

all other managerial employees, all other employees, guards and

supervisors as defined in the Act.

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

ballots:

1

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

Em ployer for the purpose of collective bargaining?

2. Do y ou desire to be represented for purposes of c ollective bargaining by United

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

If a m ajority of the professional employees in Vo ting Group A vote yes to the first

question, indicating a desire to be included in a unit w ith the non-professional em ployees, they

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

non-professional emp loyees 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 emp loyees 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:

1. 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, full-time substitute teachers,

teacher-department chairs, special education

coordinator/department chair, social workers, nurses, counselors,

remediation specialists, ESL coordinator, and behavior

interventionists, paraprofessionals, in-school suspension aides,

child-specific aides, and teacher aides employed at the Employer s

New Orleans camp us; Excluded: head of school, principal, chief of

staff, administrative assistant, administrative consultant, dean of

students, director of student support, IB coordinator, marketing and

recruiting manager, data m anager, security guards, academic

instructional coach, all other administrative employees, all other

manage rial employees, all other emp loyees, guards and supervisors

as defined in the Act.

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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 m eaning of Section 9 b) of the Act:

Included in Voting Group A: Included in Voting G roup A: All full-

time and regular part-time p rofessional employees, including

teachers, full-time substitute teachers, teacher-department chairs,

special education coordinator/department chair, social w orkers,

nurses, counselors, remediation specialists, ESL coordinator, and

behavior interventionists employed at the Employer s New Orleans

campu s; Excluded from Voting G roup A: paraprofessionals, in-

school suspension aides, ch ild-specific aides, teacher aides, head of

school, principal, chief of staff, administrative assistant,

administrative consultant, dean of students, director of student

support, IB coordinator, marketing and recruiting m anager, data

manager, security guards, academ ic instructional coach, all other

administrative employees, all other managerial em ployees, all

other employees, guards and supervisors as defined in the Act.

Included in Voting Group B: Paraprofessionals, in-school

suspension aides, child-specific aides, and teacher aides employed

at the Employer s New Orleans campus; Excluded from Voting

Group B: All professional employees, head of school, principal,

chief of staff, administrative assistant, administrative consultant,

dean of students, director of student support, IB coordinator,

marketing and recruiting manager, data manager, security guards,

academic instructional coach, all other administrative employees,

all other managerial employees, all other employees, guards and

supervisors as defined in the Act.

A

lection 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 27, 2016, at 8:00 am, in the teachers lounge

at the Employer s facility located at 727 Carondelet Street, New Orleans, Louisiana.

Election Date:

ay 27, 2016

Election Time:

:30 am — 11:30 am

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Election Locations:

Employer s Facility

Teachers Lounge

727 Carondelet Street

New Orleans, Louisiana

The counting of the ballots will take place at 11:45 am on May 27, 2016, in the Teachers

Lounge at the Employer s facility located at 727 Carondelet Street, New Orleans, Louisiana.

B Voting Eligibility

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

April 29, 2016, including employees who did not work during that period because they w ere ill,

on vacation, or temporarily laid off.

Employees eng aged 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

strike that comm enced less than 12 m onths 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 d ischarged for cause since the

designated payroll period; (2) striking employees wh o 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 mo nths before the

election date and who have been permanently replaced.

C

Voter List

As required by Section 102.67(1) of the B oard s Rules and Regulations, the Em ployer

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 em ail addresses, and available hom e and personal cell telephone n umbers) of

all eligible voters.

To be timely filed and served, the list must be

re eived

by the regional director and the

parties by Monday, May 23, 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 p rovided in a table in a M icrosoft Word file (.doc or do cx) 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

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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 N LRB website at ww w.nlrb.gov/what-we-do/conduct-elections/representation-case-rules-

effective-april-14-2015.

W hen 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 w ith 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.

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 Election

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 com municates electronically with some or all of the em ployees in the unit found

appropriate the Employer m ust 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 rem ain posted until the end of the election.

For purposes of posting working day mean s an entire 24-hour period excluding Saturdays

Sundays and holidays. How ever 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 REQUEST REVIEW

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

may b e 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


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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

certificate of service must be filed w ith the Board together with the request for review.

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 19, 2016

n N

M. Kathleen

athleen McKinney

Regional D irector

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)

Uni ted S ta tes o f Am er ica

Nat iona l Labor Re lat ions Bo ard

NOTICE OF EL ECTION

PURPOSE OF ELECTION: This e lec t ion is to d etermine the representat ive, i f any, des ired b y 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 BAL LOT: The e lect ion w i l l be b y SECRET ba llo t und er the superv is ion o f the Regional D irector o f the

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

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

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

at tent ion is ca l led to Sect ion 12 o f the Nat iona l Labor Relat ions A ct wh ich pro v ides: ANY PERSON WHO SHALL

WILLFULL Y RESIST, PREVENT, IMPEDE, OR INTERFERE WITH A NY MEM BER OF THE BOA RD OR A NY OF ITS AGENTS

OR AG ENCIES IN THE PERFORMA NCE OF DUTIES PURSUANT TO THIS ACT SHAL L B E PUNISHED B Y A FINE OF NOT

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

ELIGIBILITY RULES: Employ ees e l ig ib le to vote are those descr ibed u nder the VOTING UNIT on the next page and

include employees who d id 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 emp loyee or o ther part ic ipant in th is e lect ion w ho h as a handicap or needs specia l

ass is tance such as a s ign langu age in terpreter to part ic ipate 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 vot ing p lace, voters sh ould proceed to the Bo ard 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 i n secret. DO NOT SIGN YOUR BALLOT, Fold the ballot before leaving the

voting booth, then personally deposit it in a ballot box under the supervision of the Board agent and leave the

pol l ing area.

CHALLENG E OF VOTERS: If you r e l ig ib i l i ty to vote is ch a l lenged, you w i l l be a l lowed to vote 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 provide. After you receive a ballot, go to the

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

the Board agent who will 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 will be resolved later, if necessary.

AUTHORIZED OBSERVERS: Each party may d esignate an equal nu mber o f observers, th is num ber to be

determined by the NLRB. These observers a) act as checkers at the voting 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 assis 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 State s Government, and does not endorse any choice in the election.

Page 1 of 5


14/17

Form NLRB-707

4-2015)

Uni ted States o f Am er ica


NOTICE OF ELECTION

VOTING UNITS

VOTING GROUP - UNIT A:

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

teachers, teacher-department chairs, special education coordinator/department chair, social workers, nurses, counselors,

remediation specialists, ESL coordinator, and behavior interventionists employed at the Employer s New Orleans campus;

Excluded from Voting Group A: paraprofessionals, in-school suspension aides, child-specific aides, teacher aides, head of school,

principal, chief of staff, administrative assistant, administrative consultant, dean of students, director of student support, IS

coordinator, marketing and recruiting manager, data manager, security guards, academic instructional coach, all other

administrative employees, all other managerial employees, all other employees, guards and supervisors as defined in the Act.

Ballot for Voting Group Unit A

UNITED STATES OF A MERICA


15-RC-175505

OFFICI L SECRET B LLOT

For certain employees of

VOICES FOR INTERNATIONAL BUSINESS AND EDUCATION, INC. D/B/A INTERNATIONAL HIGH SCHOOL

OF NEW ORLEANS

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

for the purposes of collective bargaining?

MARK AN X ' IN T. Q

i

i Yragg

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aga

— -

D

u s

111

•

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f c I l e c t i v 7

T

AFT?

b a

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ainin

M - K AN ' ;a

r

7 A

E OF YOUR CHOICE

01

NO

1

DO NOT SIGN THIS BALLOT. Fold and drop in the ball ot 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 put there by the National Labor Relations Board.

I f a majority of the professional emplo yees voting in Unit A vote Yes to the f irst question, indicating their desire to be included in a unit w ith non-professional

employ ees, they wil l b e so included, and their votes on the second question w il l be cou nted together with the votes of the non-professional emplo yees in Unit B

to decide the question concerning representation for the overal l unit consist ing of the employ ees in Units A and B . If on the other hand, a majority of the

professional employees voting in Unit A do not vote Yes to the f irst question, their bal lots wi l l be counted separately to decide the question concerning

representation In a separate Unit A.



Relations Board. The National Labor Relations Board is an agency of the United States Government, and does not endorse any choice in the election.

Page 2 of 5


15/17

FT

UNITED STATES OF A MERICA


15 RC 175505

OFFICIAL SECRET BALLOT

F

in

-;. ;e

ESS A

OOL 0

EDUC

EW 0

ATI

SIOICES F

M

m

nimismazzazana

e s

f col lec

LOC

DO NOT SIGN THIS BALLOT Fo ld and

drop in th e ba l lo t box .

I f you sp o i l th i s ba l lo t re tu rn i t to the Board Ag ent fo r 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 put there by the National Labor Relations Board.

Fo rm NLRB 707

4-2015)

United States of Am erica

National Labor R elations Board

NOTICE OF ELECTION

VOTING GROUP — UNIT B :

Included in Voting Group B: Paraprofessionals, in-school suspension aides, child-specific aides, and teacher aides

employed at the Employer s New Orleans campus; Excluded from Voting Group B: All professional employees, head of

school, principal, chief of staff, administrative assistant, administrative consultant, dean of students, director of

student support, IB coordinator, marketing and recruiting manager, data manager, security guards, academic

instructional coach, all other administrative employees, all other managerial employees, all other employees, guards

and supervisors as defined in the Act.

Ballot for Voting Group - Unit B


nywhere

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


Page 3 of 5


16/17

Form NLRB-707

(4-2015)

Re c4

P

United States of Amer ica

National Labor Relat ions B oard

NOTICE OF ELECTION

DATE TIME AND PLACE OF ELECTION

Friday, May 27, 2016

8:30 a.m. to 11:30 a.m .

Teachers Lounge

727 Carondelet Street,

New Orleans, LA

EMPLOYEES ARE FREE TO VOTE AT A NY TIME THE POLLS ARE OPEN


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 Lab

Relations Board. The National Labor Relations Board is an agency of the United States Government, and does not endorse any choice in the election

Page 4 of 5


17/17

Form NLRB 707

(4-2015)

RE(4)?

U n i t e d S t a t es o f A m e r i c a

N a t io n a l L a b o r R e l at i o n s B o a r d

N OTICE OF EL ECTION

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

• F o r m , j o i n , o r a s s i s t a u n i o n

• C h o o s e r e p r e s e n t a t iv e s t o b a r g a i n w i t h y o u r e m p l o y e r o n y o u r b e h a l f

• A c t t o g e t h e r w i th o t h e r e m p l o y e e s f o r y o u r b e n e f it a n d p r o t e c t io n

•

C h o o s e n o t t o e n g a g e i n a n y o f t h e s e p r o t e c t e d a c t iv i t ie s

•

In a S t a t e w h e re s u c h a g r e em e n t s a r e p e r m i t t e d , t h e U n i o n a n d E m p l o y e r m a y e n t e r i n t o a l a w f u l u n i o n -

s e c u r i ty a g r e e m e n t r e q u ir i n g e m p l o y e e s t o p a y p e r i o d i c d u e s a n d i n i ti a ti o n f e e s . N o n m e m b e r s w h o i n f o r m

t h e U n i o n t h a t t h e y o b j e c t t o t h e u s e o f t h e i r p a ym e n t s f o r n o n r e p r e s e n t a ti o n a l p u r p o s e s m a y b e r e q u i r ed t o

p a y o n l y t h e ir s h a r e o f t h e U n i o n s c o s t s o f r e p r e s e n t a t i o n a l a c t iv i t ie s ( s u c h a s c o l l e c t i ve b a r g a i n i n g , c o n t r a c t

a d m i n i s t r a t i o n , a n d g r i e v a n c e a d j u s t m e n t ) .

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

the exercise of these rights.

T h e B o a r d w a n t s a l l e li g i b l e vo t e r s t o b e f u l l y i n f o r m e d a b o u t t h e i r r i g h t s u n d e r F e d e r a l l aw a n d w a n t s b o t h

E m p l o y e r s a n d U n i o n s t o k n o w w h a t i s e x p e c t e d o f t h e m w h e n i t h o l d s a n e l e c t io n .

I f a g e n t s o f e i t h e r U n i o n s o r E m p l o y e r s i n t e r f e r e w i t h y o u r r i g h t t o a f r e e , f a i r , a n d h o n e s t e l e c t i o n t h e e l e c t i o n c a n b e

s e t a s i d e b y t h e B o a r d . W h e n a p p r o p r i a t e , t h e B o a r d p r o v i d e s o t h e r r e m e d i e s , s u c h a s r e i n s t a t e m e n t f o r e m p l o y e e s

f i r ed f o r e x e r c i s i n g t h e i r r i g h t s , in c l u d i n g b a c k p a y f r o m t h e p a r t y r e s p o n s i b l e f o r t h e i r d i s c h a r g e .

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

and may result in setting aside of the election:

• T h r e a te n i n g l o s s o f j o b s o r b e n e f i t s b y a n E m p l o y e r o r a U n i o n

•

P r o m i s i n g o r g r a n t i n g p r o m o t i o n s , p a y r a i s e s , o r o t h e r b e n e f i t s , t o i n f l u e n c e a n e m p l o y e e s v o t e b y a p a r t y

c a p a b l e o f c a r r y i n g o u t s u c h p r o m i s e s

•

A n E m p l o y e r f i r i n g e m p l o y e e s t o d i s c o u r a g e o r e n c o u r a g e u n i o n a c t i v it y o r a U n i o n c a u s i n g t h e m t o b e f ir e d

t o e n c o u r a g e u n i o n a c t i v i t y

•

M a k in g c a m p a i g n s p e e c h e s t o a s s e m b l e d g r o u p s o f e m p l o y e e s o n c o m p a n y t i m e , w h e r e a tt e n d a n c e i s

m a n d a t o r y , w i t h in t h e

24 hour p er iod before the po l ls for the e lect ion

f i r s t

open or t he m a i l b a l l o t s are

d i s p a t c h e d i n a m a i l b a ll o t e l ec t i o n

•

I n c i t e m e n t b y e i t h e r an E m p l o y e r o r a U n i o n o f r a c i al o r r e l ig i o u s p r e j u d i c e b y i n f l a m m a t o r y a p p e a l s

•

T h r e a t en i n g p h y s i c a l f o r c e o r v i o l e n c e t o e m p l o y e e s b y a U n i o n o r a n E m p l o y e r t o i n f l u en c e t h e i r v o t e s

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

I m p r o p e r c o n d u c t w i ll n o t b e p e r m i t t e d . A l l p a r t i e s ar e e x p e c t e d t o c o o p e r a t e f u l l y w i t h t h i s A g e n c y i n m a i n t a i n i n g

b a s i c p r i n c i p l e s o f a f a i r e l e c t i o n a s r e q u i r e d b y l a w .

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.


