UNITED STATES OF AMERICA

BEFORE THE NATIONAL LABOR RELATIONS BOARD

REGION 15
ADVOCATES FOR ARTS-BASED EDUCATION
CORPORATION D/B/A LUSHER CHARTER
SCHOOL
Employer
and

Case 15-RC-174745

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
amended, a hearing was held before a Hearing Officer of the National Labor Relations Board
(Board) in New Orleans, Louisiana, on May 3, 2016. Pursuant to the provisions of Section 3(b)
of the Act, the Board has delegated its authority in this proceeding to the undersigned, and I
hereby make the following findings.
I. Summary of Findings
The only issue in this proceeding is whether the Board has jurisdiction over Advocates
For Arts-Based Education Corporation d/b/a Lusher Charter School (Employer), the operator of
a charter public school. As explained more fully below, I find the Board has jurisdiction.
The Issue
The Employer 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 2006, the Employer began operating the Lusher Charter School, pursuant to a contract
with the Orleans Parish School Board ("School Board"). Lusher Charter School consists of
grades kindergarten through twelve and is contained on several campuses in the City of New
Orleans, State of Louisiana. Prior to the Employer's operation of Lusher Charter School, the
School Board had operated a school, in one form or another, named Lusher, at the same

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Case 15-RC-174745

locations(s) for several decades. While the employees were previously employed by and paid by
the School Board, currently, they are employed by and paid by the Employer (though the
teachers participate in the Teacher Retirement System of Louisiana).
On April 25, 2016, the Petitioner filed the petition to represent certain employees of the
Employer.
A. The Charter Law
In 1997, the Louisiana Legislature passed the Louisiana Charter School Demonstration
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 within a charter school with each such school designed to accomplish
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 Charter 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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Finally, Section 3991 of the Charter Law, Subsection (A)(1)(b), prohibits board members
of charter schools from receiving compensation; Subsection (a)(1)(c)(i) prohibits charter schools
from employing any member 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 members.
B. The Employer's Articles of Incorporation

On August 23, 2005, Articles of Incorporation were filed with the Louisiana Secretary of
State creating the Employer as a Louisiana nonprofit corporation (Petitioner Exhibit 1). Article
VII (Directors), states that the "powers and management" of the corporation shall be vested in a
board of directors. Further, it states that all directors of the corporation shall be "elected by
plurality vote of the board." The original board members were named in the Articles and were
"private" individuals. The Articles contain no explicit provision for the removal of a board
member.
C. The Chartering Authority

Employer Exhibit 2 is the School Board Chartering Authority, which sets out criteria that
must be included in all charter agreements between the School Board and charter operators
(though the final terms of any particular charter agreement are subject to negotiation). Section 3
sets out certain criteria for the charter school boards, such as subjecting them to a number of
"good government" statutes, that the entity be maintained as a nonprofit corporation, that 60% of
its members reside within the Parish of Orleans, that no more than one member of an immediate
family may serve on the board, and that no member of the board may be employed by the school
or be an elected official or have been an elected official within the previous year. However, the
Chartering Authority does not provide for the appointment or removal of board members.
D. The Charter Agreement

On January 11, 2006, the Employer entered into a contract (i.e., a charter) with the
School Board to "operat[e] a charter school known as Lusher Charter School." The most recent
charter between the Employer and the School Board was signed by the Employer on July 11,
2011, and by the School Board on August 25, 2011 (Employer Exhibit 2).
Section 1.1.5 requires the Employer to maintain itself as a nonprofit corporation. Section
1.1.6 prohibits members of the Employer's board from receiving any compensation (other than
reimbursement of expenses). Section 1.2.3 states:
The Charter Board shall be the final authority in matters affecting Charter
School, including but not limited to staffing, job titles, employee salary and
benefits, financial accountability and curriculum.

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Section 1.2.4 states that the Employer is subject to the State's Open Meetings Law, the
Public Records Law, the Code of Governmental Ethics, and the Public Bid Laws for the
construction or alteration of immovable property. Section 1.2.5 requires the Board members to
submit financial disclosures as required by the Code of Government Ethics. Section 1.2.6
requires the Employer to "at all times maintain itself as a Louisiana non-profit corporation."
Violation of any section of the charter could lead to revocation of the charter or other sanctions.
However, the charter agreement contains no provisions for appointing or removing board
members.
IV. Analysis 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 Government 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 government; or 2) it is administered by individuals who are responsible
to public officials or to the general electorate. NLRB v. Natural Gas Utility district of Hawkins
County, 402 US 600, 604-05 (1971). Here, the Employer satisfies neither of the standards.
A. Creation of the Employer

The Employer 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 Mathematics & Science Academy Charter School, Inc., 359 NLRB No. 41, slip op. p. 6
(2012) ("Chicago Mathematics") (Board found organization operating charter school created by
incorporators of organization, not legislature). For example, in Regional Medical 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 hospital authority and executed a contract with the non-profit corporation to
operate the hospital. Because the non-profit corporation was 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 Chicago 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 enactment of the Charter Schools Law, which allowed the

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Case 15-RC-174745

existence of charter schools. However, the Board, found that the statute simply permitted local
school authorities to enter into contracts with private entities to administer 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 directly by the State.
Similarly, in the current matter, the Employer was created by the individual(s) who
incorporated it in 2005, 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
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 Lusher Charter School, or if
the Charter Law were repealed in its entirety, the Employer would continue existing as a legal
entity until its board authorized its dissolution.
The Employer looks to the following language in the Charter Law to establish the
Employer 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.
However, the plain meaning 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. Nowhere in the Charter Law is any agency, department,
commission, public benefit corporation, or any other entity, created.' It was not until August 23,
2005, 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 NLRB 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 removed
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-174745

only by the board itself. Thus, the individuals administering the school were not responsible to
public officials or to the general electorate.
Similarly, in the instant case, the Employer is not administered by individuals who are
responsible to public officials or the general electorate. Under the terms of the Employer's
Articles of Incorporation, board members are selected by current members (the initial members
were named in the Articles of Incorporation). While there is no explicit provision in the Articles
for removing a Board member, 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 someone
to appoint or remove a board member. Additionally, there is no evidence that a board member
has ever been appointed and /or removed by a public official or the general electorate. Thus, it
cannot be said that any of the Employer's board members are responsible to public officials 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 public officials or the general electorate.
V. Conclusion

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 Employer is a private nonprofit corporation established in 2005 for the purpose of
operating a public K 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
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. Further, while it played no role in my findings
because it applied a different law and it is also not binding on the Board, I note the consistency of my findings with
those of the United States District Court for the Eastern District of Louisiana, recently holding that the Employer
was free to bring a suit against the School Board under 42 USC 1983 because it is not a political subdivision of the
State or a State actor (Petitioner Exhibit 4).

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Case 15-RC-174745

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 commerce exists concerning the representation of certain employees
of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act.
The Petitioner is a labor organization within the meaning of Section 2(5) of the Act.
The Employer is engaged in commerce within the meaning of the Act, and it will
effectuate the purposes of the Act to assert jurisdiction herein.
There is no contract 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 Voting Group A, below, are professional
employees within the meaning of Section 2(12) of the Act.

DIRECTION OF ELECTION
The National Labor Relations Board will 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 Sonotone election is desired, the parties will be
accorded a Sonotone 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 and permanent
substitute teachers, social workers, nurses, librarians, counselors
and deans of students; Excluded from Voting Group A: teacher
assistants, child-specific aides, teacher support staff, office clerical
employees, office administrative employees, attendance clerks,
custodians, food service employees, guards and supervisors as
defined by the Act.
Included in Voting Group B: All full-time and regular part-time
teacher assistants, child-specific aides, library clerks, counseling
clerks, parent/community liaison, special services coordinator and
school-home liaison; Excluded from Voting Group B: all teacher

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Case 15-RC-174745

support staff, office clerical employees, office administrative

employees, receptionists, attendance clerks, custodians, food
service employees, all professional employees, guards and
supervisors as defined by the Act.
The employees in the professional Voting Group A will be asked two questions on their
ballots:
1.
2.

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

Employer for the purpose of collective bargaining?
Do you desire to be represented for purposes of collective bargaining by United
Teachers of New Orleans, Local 527, LFT, AFT?

If a majority of the professional employees in Voting Group A vote yes to the first
question, indicating a desire to be included in a unit with the non-professional employees, they
will be included. Their vote on the second question will then be counted with the votes of the
non-professional employees 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 employees 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:
I. 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 and permanent substitute teachers,
social workers, nurses, librarians, counselors and deans of students,
all full-time and regular part-time teacher assistants, child-specific
aides, library clerks, counseling clerks, parent/community liaison,
special services coordinator and school-home liaison; Excluded:
teacher assistants, child-specific aides, teacher support staff, office
clerical employees, office administrative employees, custodians,
food service employees, receptionists, attendance clerks, guards
and supervisors as defined by the Act.
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 meaning of Section 9(b) of the Act:

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Corporation d/b/a Lusher Charter School
Case 15-RC-174745

Included in Voting Group A: all full-time and regular part-time

professional employees, including teachers and permanent
substitute teachers, social workers, nurses, librarians, counselors
and deans of students; Excluded from Voting Group A: teacher
assistants, child-specific aides, teacher support staff, office clerical
employees, office administrative employees, attendance clerks,
custodians, food service employees, guards and supervisors as
defined by the Act.
Included in Voting Group B: All full-time and regular part-time
teacher assistants, child-specific aides, library clerks, counseling
clerks, parent/community liaison, special services coordinator and
school-home liaison; Excluded from Voting Group B: all teacher
support staff, office clerical employees, office administrative
employees, receptionists, attendance clerks, custodians, food
service employees, all professional employees, guards and
supervisors as defined by the Act.
A.

Election Details

The election will be held on the following date, at the following times and places. A preelection conference will take place on Friday, May 13, 2016, at 4:30pm, at Region 15's office
located at 600 South Maestri Place, Floor 7, New Orleans, Louisiana.
Election Date: May 17, 2016
Election Time: 7:30am 5:00pm
Election Locations: Room 108
K through 1 Building
Willow Facility
7315 Willow Street
New Orleans, Louisiana

Library
Freret Facility
5624 Freret Street
New Orleans, Louisiana

The counting of the ballots will take place at 5:30pm on May 17, 2016, in the Library at
the Freret Facility.
B.

Voting Eligibility

Eligible to vote are those in the unit who were employed during the payroll period ending
April 30, 2016, including employees who did not work during that period because they were ill,
on vacation, or temporarily laid off.
Employees engaged 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
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strike that commenced less than 12 months 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 discharged for cause since the
designated payroll period; (2) striking employees who 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 months before the
election date and who have been permanently replaced.
C. Voter List

As required by Section 102.67(1) of the Board's Rules and Regulations, the Employer
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 email addresses, and available home and personal cell telephone numbers) of
all eligible voters.
To be timely filed and served, the list must be received by the regional director and the
parties by Thursday, May 12, 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 provided in a table in a Microsoft Word file (.doc or docx) 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
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 NLRB website at www.nlrb.gov/what-we-do/conduct-elections/representation-case-ruleseffective-april-14-2015.
When 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 with 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.

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Case 15-RC-174745

No party shall use the voter list for purposes other than the representation proceeding,
Board proceedings arising from it, and related matters.
D. Posting 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 communicates electronically with some or all of the employees in the unit found
appropriate, the Employer must 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 remain posted until the end of the election.
For purposes of posting, working day means an entire 24-hour period excluding Saturdays,
Sundays, and holidays. However, 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 be 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
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 with the Board together with the request for review.

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Case 15-RC-174745

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 10, 2016

M. Kathleen McKinney
Regional Director
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)

United States of America

National Labor Relations Board

NOTICE OF ELECTION
PURPOSE OF ELECTION: This election is to determine the representative, if any, desired by the eligible
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 BALLOT: The election will be by SECRET ballot under the supervision of the Regional Director of 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 will not be permitted
at or near the polling place. Violations of these rules should be reported immediately to an NLRB agent. Your
attention is called to Section 12 of the National Labor Relations Act which provides: ANY PERSON WHO SHALL
WILLFULLY RESIST, PREVENT, IMPEDE, OR INTERFERE WITH ANY MEMBER OF THE BOARD OR ANY OF ITS AGENTS
OR AGENCIES IN THE PERFORMANCE OF DUTIES PURSUANT TO THIS ACT SHALL BE PUNISHED BY A FINE OF NOT
MORE THAN $5,000 OR BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
ELIGIBILITY RULES: Employees eligible to vote are those described under the VOTING UNIT on the next page and
include employees who did not work during the designated payroll period because they were ill or on vacation
or temporarily laid off, and also include 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 not eligible to vote.
SPECIAL ASSISTANCE: Any employee or other participant in this election who has a handicap or needs special
assistance such as a sign language interpreter to participate in this election should notify an NLRB Office as soon
as possible and request the necessary assistance.
PROCESS OF VOTING: Upon arrival at the voting place, voters should proceed to the Board agent and identify
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 in 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
polling area.
CHALLENGE OF VOTERS: If your eligibility to vote is challenged, you will be allowed to vote a challenged ballot.
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 ballot 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 designate an equal number of observers, this number to be
determined by the NLRB. These observers (a) act as checkers at the voting place and at the counting of ballots;
(b) assist in identifying voters; (c) challenge voters and ballots; and (d) otherwise assist 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 States
Page 1 of 5
Government, and does not endorse any choice in the election.

Form NLRB-707
(4-2015)

United States of America

National Labor Relations Board

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 and
permanent substitute teachers, social workers, nurses, librarians, counselors and deans of students; Excluded from
Voting Group A: teacher assistants, child-specific aides, teacher support staff, office clerical employees, office
administrative employees, attendance clerks, custodians, food service employees, guards and supervisors as defined
by the Act.
Ballot for Voting Group - Unit A

UNITED STATES OF AMERICA

National Labor Relations Board
15-RC-174745
OFFICIAL SECRET BALLOT
For certain employees of
ADVOCATES FOR ARTS-BASED EDUCATION CORPORATION D/B/A LUSHER CHARTER SCHOOL
Do you wish to be included with nonprofessional employees in a unit
for the purposes of collective bargaining?
MARK AN "X" IN THE SQUARE OF YOUR CHOICE
NO

YES

IIIL D you 4 sh to
NIT TEA

presL ted or rpos

S 0 NEW Oa LEA

collec - . -rgai ing by

OCA 527, LFT, AFT?

immmmummumgraziagick-ammou
YEt -----!

YOUR CHOICE

1111

NO

DO NOT SIGN THIS BALLOT. Fold and drop in the ballot 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.

If a majority of the professional employees voting in Unit A vote "Yes" to the first question, indicating their desire to be included
in a unit with non-professional employees, they will be so included, and their votes on the second question will be counted
together with the votes of the non-professional employees in Unit B to decide the question concerning representation for the
overall unit consisting of the employees 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 first question, their ballots will be counted separately to decide the question concerning
representation in a separate Unit A.
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 States
Page 2 of 5
Government, and does not endorse any choice in the election.

Form NLRB-707
(4-2015)

United States of America

National Labor Relations Board

NOTICE OF ELECTION
VOTING GROUP UNIT B:

Included in Voting Group B: All full-time and regular part-time teacher assistants, child-specific aides, library clerks,
counseling clerks, parent/community liaison, special services coordinator and school-home liaison; Excluded from
Voting Group B: all teacher support staff, office clerical employees, office administrative employees, receptionists,
attendance clerks, custodians, food service employees, all professional employees, guards and supervisors as defined
by the Act.

Ballot for Voting Group - Unit B

UNITED STATES OF AMERICA

National Labor Relations Board
15-RC-174745
or certa
ATION

ADVOCAT S-

mploy
POR

e re
HER

gaini
FT,
R CHOI

DO NOT SIGN THIS BALLOT. Fold and drop in the ballot 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.

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 States
Government, and does not endorse any choice in the election.
Page 3 of 5

Form NLRB-707
(4-2015)

United States of America

National Labor Relations Board

NOTICE OF ELECTION

DATE, TIME AND PLACES OF ELECTION

Tuesday, May 17,2016

7:30 a.m. - 5:00 p.m.

Room 108,
K through 1 Building,
Willow Facility
7315 Willow Street,
New Orleans, LA

AND

Tuesday, May 17, 2016

7:30 a.m. - 5:00 p.m.

Library, Freret Facility,

5624 Freret Street,
New Orleans, LA

EMPLOYEES ARE FREE TO VOTE AT ANY TIME THE POLLS ARE OPEN.
ALL BALLOTS WILL BE MINGLED AND COUNTED AT 5:30 P.M. AT THE FRERET STREET LOCATION IN THE LIBRARY.

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 States
Government, and does not endorse any choice in the election.
Page 4 of 5

Form NLRB-707
(4-2015)

United States of America

National Labor Relations Board

NOTICE OF ELECTION

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

Form, join, or assist a union

Choose representatives to bargain with your employer on your behalf
Act together with other employees for your benefit and protection
Choose not to engage in any of these protected activities
In a State where such agreements are permitted, the Union and Employer may enter into a lawful unionsecurity agreement requiring employees to pay periodic dues and initiation fees. Nonmembers who inform
the Union that they object to the use of their payments for nonrepresentational purposes may be required to
pay only their share of the Union's costs of representational activities (such as collective bargaining, contract
administration, and grievance adjustment).

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

the exercise of these rights.
The Board wants all eligible voters to be fully informed about their rights under Federal law and wants both
Employers and Unions to know what is expected of them when it holds an election.
If agents of either Unions or Employers interfere with your right to a free, fair, and honest election the election can be
set aside by the Board. When appropriate, the Board provides other remedies, such as reinstatement for employees
fired for exercising their rights, including backpay from the party responsible for their discharge.

The following are examples of conduct that interfere with the rights of employees
and may result in setting aside of the election:

Threatening loss of jobs or benefits by an Employer or a Union

Promising or granting promotions, pay raises, or other benefits, to influence an employee's vote by a party
capable of carrying out such promises
An Employer firing employees to discourage or encourage union activity or a Union causing them to be fired
to encourage union activity
Making campaign speeches to assembled groups of employees on company time, where attendance is
mandatory, within the 24-hour period before the polls for the election first open or the mail ballots are
dispatched in a mail ballot election
Incitement by either an Employer or a Union of racial or religious prejudice by inflammatory appeals
Threatening physical force or violence to employees by a Union or an Employer to influence their votes

The National Labor Relations Board protects your right to a free choice.
Improper conduct will not be permitted. All parties are expected to cooperate fully with this Agency in maintaining
basic principles of a fair election as required by law.
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.

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 States
Page 5 of 5
Government, and does not endorse any choice in the election.

A,