Teaching Profession

Labor Board Rules In Charter Union Dispute

By Joetta L. Sack — September 11, 2002 4 min read
  • Save to favorites
  • Print

A charge of unfair labor practices filed against an Arizona charter school could break legal ground that may, eventually, make it easier for charter school employees to form unions.

A judge for the National Labor Relations Board ruled this summer that C.I. Wilson Academy in Phoenix violated federal labor laws when it dismissed employees at a charter school after they threatened to unionize.

William L. Schmidt, an administrative-law judge with the NLRB, wrote in the July 31 decision that the charter school acted more like a private corporation that contracts with the state to provide services, and that under federal law, employees of such companies are allowed to unionize or discuss the possibility of doing so with co-workers. Charter schools are publicly financed but largely independent.

Judge Schmidt ordered academy officials to reinstate the three employees who were fired and pay them back wages. He also ordered the charter operators to drop a lawsuit against one of the fired employees and a fourth employee who was forced to quit.

The decision could set “a remarkable precedent,” said Bruce Fuller, an education professor at the University of California, Berkeley. “As charters grow, we’re going to see more conflicts like this.”

“It’s huge,” said Cynthia L. Best, a lawyer representing the employees. “It’s the only case in the nation where the NLRB says it has jurisdiction in a charter school, and the first time the NLRB has made the decision that a charter school is a private entity.”

Researchers have estimated that, nationally, perhaps a quarter of charter school teachers belong to unions, and a smaller number are represented by unions in collective bargaining. Indeed, one of the attractions for many teachers is that charter schools are largely free from the restrictions of contracts. But that may change as the charter movement evolves and working conditions grow as an issue.

The NLRB decision involved four employees: 5th grade teacher William E. Safriet, cook Mary Cisneros, school secretary Mary Ellen Ochoa, and school nurse Traci Huff.

According to Judge Schmidt’s decision, the employees stated that they were intimidated and harassed by the school’s founder, Charles I. Wilson III, and his wife, Evelyn Wilson, who was the school’s chief executive officer and corporate secretary. The NLRB decision deals with issues that arose early in the 2000-01 school year.

Steven G. Biddle, a labor lawyer consulting with the law firm that represents the school, said the school was appealing the decision. He said the employees were fired for reasons not related to unionization.

“This is just the beginning stages of this case,” Mr. Biddle said. “There is overwhelming evidence that there was no mismanagement.”

Staff Complaints

The situation at C.I. Wilson Academy gets complicated in a hurry, as it involves several issues beyond the NLRB ruling.

Since May, the state has withheld 10 percent of the school’s federal funding because of noncompliance with federal financial-disclosure rules and special education laws, said Tara Teicheraeber, a spokeswoman for the Arizona Department of Education. The school has 306 students in grades K-8 this year, she said.

In addition, the four employees have filed a separate discrimination lawsuit against the school—now pending in federal court—that also alleges mismanagement by the school’s operators. The school, which was founded in April 1999, primarily serves minority students from low-income families.

The employees charge that the Wilsons and other school officials discriminated against them and other white and Hispanic employees, and they level a host of misconduct charges against the school management.

They charge that they were paid less and given fewer classroom resources than were African- American teachers, many of whom were relatives of the Wilsons.

Eventually, at the suggestion of the school’s attendance clerk, Margaret Gonzales Ramirez, several employees began talking of unionization, according to NLRB documents. Ms. Ramirez testified to the NRLB that the Wilsons soon isolated her and told her not to communicate with other employees. She quit shortly afterward.

Also, according to the court documents, the teachers claim that they never received raises allotted by the state, that enrollments were inflated to gain more state per-pupil funds, and that Mr. Safriet, Ms. Cisneros, and Ms. Ochoa were fired, and Ms. Huff resigned under pressure, according to the documents.

In the court documents, the school officials said the employees were disgruntled and did not address their complaints in a constructive manner. Mr. Biddle said that Judge Schmidt had ignored Mr. Wilson’s testimony, and that the employees’ claims were ungrounded.

The employees, Mr. Biddle said, were fired for disloyalty: “They were calling parents and making disparaging remarks, and parents were pulling students out of the school.”

Related Tags:

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Personalized Learning Webinar
Differentiation That Delivers: Proven Practices From High-Growth Districts
Make every minute count. Proven strategies from educators and leaders driving real student growth. Save your seat!
Content provided by i-Ready, Curriculum Associates
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
From Exposure to Experience: Designing Accessible Work-Based Learning
Learn how schools can create meaningful experiences that help every student build skills, connections, and a clearer path to their future.
Content provided by Project Lead The Way
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
A Tale of Two School Districts: Forecasting Enrollment
Forecasting enrollment is hard. Here’s how two different districts are navigating times of change with data that considers the whole picture.
Content provided by Zonda Education

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Teaching Profession Opinion No, Self-Directed Learning Doesn't Make Teachers Obsolete
When students own their own learning, professional expertise becomes more important.
Tyler Thigpen & George Philhower
•
5 min read
Collage-style illustration of a young student standing on a dotted line path that zig-zags from the bottom of the frame to the top right. The student is wearing a backpack and pointing to a yellow circle on the end of the path at the top right. At the bottom of the frame a teacher's hand is open and facing upwards at the beginning of the dotted path. Smaller yellow dots are placed along the path, near the teacher's hand and where the student is standing.
Illustration by Emily Wright for Education Week + Getty
Teaching Profession Opinion ‘Can I Go to the Bathroom?’: How Even Teachers' Smallest Judgment Calls Add Up
Teaching is a constant exercise in emotional triage.
Heidi Wells
•
3 min read
A teacher is overwhelmed by the constant decision making of an educator's job. Educational triage. Burnout.
Vanessa Solis/Education Week + Getty
Teaching Profession Q&A What Teacher Shortages Really Say About the Profession
In the new book, Ending Teacher Shortages, researcher Tuan Nguyen highlights need to move from magic bullets to a more stable workforce.
4 min read
The definition of teacher sits on teacher Leon Smith's desk at Haverford High School, in Haverford, PA on March 20, 2024.
A definition of the word teacher sits on Leon Smith's desk at Haverford High School, in Haverford, PA on March 20, 2024. New data suggest a long-term trend of higher vacancies and more underprepared teachers.
Alejandro A Alvarez/The Philadelphia Inquirer via TNS
Teaching Profession What the Research Says How the U.S. Teaching Profession Compares to Global Peers
New data from OECD show global trends in teacher staffing and workloads.
4 min read
The Maryland governor's office reports that 4% of the state’s teacher positions are unfilled, meaning nearly 1,600 classrooms don’t have an experienced educator leading students.
New data from the Organization for Economic Cooperation and Development finds that teacher shortages are a global challenge.
Antonio Perez/Chicago Tribune/TNS