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🗞️ Federal Labor Board Asserts Jurisdiction, Orders Charter School Decertification Vote

An NLRB regional director ruled that St. HOPE Public Schools is a private employer subject to federal labor law, asserting federal jurisdiction concurrent with California's PERB and directing a March 11, 2026 decertification election for the school's union-represented teachers.

onthelaborfront

onthelaborfront

— 4 min read
🗞️ Federal Labor Board Asserts Jurisdiction, Orders Charter School Decertification Vote

NLRB Region 20 Acting Regional Director Daniel J. Owens issued a Decision and Direction of Election in Case 20-RD-378706, finding that St. HOPE Public Schools — a Sacramento-based nonprofit operating two public charter schools — is an employer subject to federal labor jurisdiction under the National Labor Relations Act (NLRA). The ruling directed a secret ballot election to determine whether teachers wish to remove the Sacramento City Teachers Association, CTA/NEA (SCTA) as their bargaining representative.

The case arose from a decertification petition filed in January 2026 by educator Beth Simonton, represented by the National Right to Work Legal Defense Foundation, which stated that the petition was backed by a majority of her coworkers. The petition presented an immediate jurisdictional conflict: SCTA had been certified not by the NLRB but by California's Public Employee Relations Board (PERB) in 2018, following an organizing campaign by St. HOPE's approximately 96 certificated teachers. The employer, union, and PERB all argued that the school is a public employer — a "political subdivision" of the state — placing it outside federal labor law jurisdiction and within PERB's exclusive authority. The petitioner contended the opposite.

The sole legal framework governing the dispute is the two-prong test established by the U.S. Supreme Court in NLRB v. Natural Gas Utility District of Hawkins County, 402 U.S. 600 (1971). Under Hawkins County, an entity qualifies as an exempt political subdivision only if it is (1) created directly by the state as an administrative arm of government, or (2) administered by individuals responsible to public officials or the general electorate. The NLRB has consistently applied this test to charter schools since its landmark rulings in Chicago Mathematics & Science Academy Charter School, 359 NLRB 455 (2012), Pennsylvania Virtual Charter School, 364 NLRB 1118 (2016), and Hyde Leadership Charter School — Brooklyn, 364 NLRB 1137 (2016).

On the first prong, the Regional Director found that St. HOPE was established around 2002 by private individual Kevin Johnson and his St. HOPE Foundation — predating Johnson's election as Sacramento mayor by several years. That SCUSD subsequently issued the school a charter did not, under the Chicago Mathematics and Hyde precedents, constitute "directly creating" the employer. On the second prong, the decision examined St. HOPE's bylaws, which vest governance authority in a self-perpetuating Board of Directors nominated exclusively through a committee chaired by Johnson himself. While the Employer's bylaws entitle SCUSD to one board seat — with limited removal authority over that seat — the decision notes the record does not establish that SCUSD has ever appointed a director to fill it. The Regional Director applied the rule from Regional Medical Center at Memphis, 343 NLRB 346 (2004) — that public officials must control a majority of the governing board for the second prong to be satisfied. One potential seat out of 7–15 fell well short of that threshold.

The Union's argument that broad Memorandum of Understanding language — granting SCUSD authority to "compel compliance" and revoke the school's charter — effectively conferred appointment and removal power was also rejected. The Regional Director cited Pennsylvania Virtual Charter School directly: the power to revoke a charter is analogous to a state terminating a contract with a private employer, and does not transform that employer into a state entity.

With both Hawkins prongs unmet, the Regional Director asserted NLRB jurisdiction and directed a secret ballot election for March 11, 2026, to be held at Sacramento Charter High School's library. The vote will determine whether teachers wish to continue being represented by SCTA. Either party may seek Board review of the decision up to 14 days after the Regional Director's final disposition; the filing of such a request does not automatically stay the election.

The case carries significance beyond the school's walls. It is the second attempt by St. HOPE teachers to decertify SCTA — a 2021 effort was halted when SCTA filed unfair labor practice blocking charges with PERB, which stayed the decertification petition pending resolution of those charges. It also arrives as the broader question of NLRB jurisdiction over charter schools remains contested nationally, with a parallel case out of Louisiana testing whether state legislative action can shift charter schools into the political subdivision exemption.

Key Points

  • An individual decertification petition (RD case) was filed in January 2026 by St. HOPE educator Beth Simonton, represented by the National Right to Work Legal Defense Foundation, which reported the petition was backed by a majority of coworkers.
  • The threshold legal issue was whether St. HOPE qualifies as a "political subdivision" exempt from NLRB jurisdiction under Section 2(2) of the NLRA, which would leave PERB as the governing authority.
  • The Regional Director applied the Hawkins County two-prong test and found St. HOPE failed both: it was founded by a private individual, and its governing board is not controlled by public officials.
  • SCUSD's contractual authority to revoke St. HOPE's charter was found insufficient to establish political subdivision status — consistent with established NLRB precedent on charter school governance.
  • All three opposing parties — the employer, the union, and PERB — argued against NLRB jurisdiction; the Regional Director rejected all three positions.
  • This is the second decertification attempt at St. HOPE; a 2021 effort was stayed by PERB pending resolution of unfair labor practice blocking charges filed by SCTA.
  • A secret ballot election was scheduled for March 11, 2026. Review rights are preserved; the election proceeds unless the Board specifically orders a stay.
  • The ruling has potential implications for other California charter schools whose collective bargaining relationships were established under PERB rather than the NLRB.

Primary Source Author: Acting Regional Director Daniel J. Owens, NLRB Region 20

Primary Source: Decision and Direction of Election — St. HOPE Public Schools, Case 20-RD-378706 (February 25, 2026)

Primary Source Link: https://apps.nlrb.gov/link/document.aspx/09031d45841e5ba9

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