UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION SEVEN INSPIRED EDUCATION d/b/a InspirED, and NEW URBAN LEARNING Respondent and CASE 07-CA-162539 MICHIGAN ALLIANCE OF CHARTER TEACHERS AND STAFF (MICHIGAN ACTS), AFT MICHIGAN, AMERICAN FEDERATION OF TEACHERS (AFT), AFL-CIO Charging Party COMPLAINT AND NOTICE OF HEARING ‘This Complaint and Notice of Hearing is based on a charge filed by the Charging Party. Itis issued pursuant to Section 10(b) of the National Labor Relations Act (the Act), 29 U.S.C. § 151 et seq,, and Section 102.15 of the Rules and Regulations of the National Labor Relations Board (the Board), and alleges that Respondent, the collective reference to entities sometimes referred to separately as Respondent Inspired Education d/b/a InspirED and Respondent New Urban Learning, has violated the Act as described below. 1. The charge in this proceeding was filed by the Charging Party on October 22, 2015, and a copy was served on Respondent by U.S. mail on October 27, 2015. 2. (@)_ Atall material times, Respondent Inspired Education d/b/a InspirED, a nonprofit Michigan corporation with headquarters at 28 West Adams Street, Detroit, Michigan, has been a school management company with a contract to operate University YES Academy (“Academy”), a public school academy in Detroit, Michigan (6) Atall material times, Respondent New Urban Learning, a nonprofit Michigan corporation with headquarters at 28 West Adams Street, Detroit, Michigan, has been a school management company with contracts to operate public school academies in the State of Michigan, most recently the Academy. 3. (@)_Atall material times, Respondent New Urban Learning and Respondent Inspired Education d/b/a InspirED have had substantially identical management, business purposes, operations, equipment, customers, and supervision.(b) About May 2015, Respondent Inspired Education d/b/a InspirED was established by Respondent New Urban Learning as a disguised continuation of Respondent New Urban Learning. (©) _ Respondent New Urban Leaming established Respondent Inspired Education d/b/a InspirED for the purpose of evading its responsibilities under the Act. (@) __ Based on the operations and conduct described herein, Respondent New Urban Learning and Respondent Inspired Education d/b/a InspirED are, and have been at all material times, alter egos within the meaning of the Act. 4, During the calendar year ending December 31, 2015, a representative period, Respondent, in conducting operations described in paragraph 2: (@) derived gross revenues available for operating expenses in excess of $1 million; and (6) purchased and received at the Academy goods valued in excess of $50,000 directly fom points outside the State of Michigan. 5. Atal material times, Respondent has been an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act. 6. Atal material times, the Charging Party has been a labor organization within the meaning of Section 2(5) of the Act. 7. Atall material times, the following individuals held the positions set forth opposite their respective names and have been supervisors of Respondent within the meaning of Section 2(11) of the Act and agents of Respondent within the meaning of Section 2(13) of the Act: Lesley Esters Redwine Chief Executive Officer Carl Smith Chief Financial Officer Olive Hayden-Moore Director of Special Projects Tyler Shaw Professional Lead for Learning and Teaching Elizabeth Triden Professional Lead for Learning and Teaching Erin Wills Academy Elementary School Principal ‘Angela Prince ‘Academy Middle School Principal Shirley Ellington Director of Special Support Services Dwight Levens Information Technology Director Jonathan Walker Dean of Culture and Learning Devin Dargin Dean of Culture and Learning Jamie Foster Operations Coordinator Carlos Spearman Manager of Middle School Operations Jill Belstler Manager of Elementary School Operations Tony Castelluzo Facilities Site Manager8, The following employees of Respondent (the Unit) constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All full-time and regular part-time classroom teachers, licensed or certified school social workers, learning specialists, and interventionists employed by New Urban Learning at the University YES Academy Elementary School, the University YES Academy Middle School, and the University YES Academy High School, currently located at 14669 Curtis, Detroit, Michigan; but excluding non-professional employees, school service coordinators, and administrators, and guards and supervisors as defined in the Act, and all other employees. 9. ‘On May 6, 2015, a representation election was conducted among the employees in the Unit in Case 7-RC-148928, and, on May 14, 2015, the Charging Party was certified as the exclusive collective-bargaining representative of the Unit. 10, _Atall times since May 6, 2015, based on Section 9(a) of the Act, the Charging Party has been the exclusive collective-bargaining representative of the Unit. 11, _ By letter dated September 4, 2015, the Charging Party requested that Respondent recognize and bargain collectively with the Charging Party as the exclusive collective-bargaining representative of the Unit, 12, Since about September 30, 2015, Respondent has failed and refused to recognize and bargain collectively with the Charging Party as the exclusive collective-bargaining representative of the Unit. 13, By the conduet described in paragraph 12, Respondent has been failing and refusing to bargain collectively and in good faith with the exclusive collective-bargaining, representative of its employees, in violation of Section 8(a)(1) and (5) of the Act. 14, The described unfair labor practices of Respondent affect commerce within the meaning of Section 2(6) and (7) of the Act. WHEREFORE, it is respectfully urged that Respondent be ordered to: 1. Cease and desist from: (@) _ engaging in the conduct described in paragraph 12, or in any like or related manner interfering with, restraining, and coercing its employees in the exercise of the rights guaranteed in Section 7 of the Act; (b) engaging in the conduct described in paragraph 12, or in any like or related manner failing and refusing to bargain collectively and in good faith with the exclusive collective-bargaining representative of its employees, within the meaning of Section 8(a)(1) and (5) of the Act.2. Affirmatively: (2) Immediately recognize the Charging Party and offer to bargain collectively with it as the Unit’s exclusive collective-bargaining representative, and put in ‘writing and sign any agreement reached on terms and conditions of employment for the Unit. () Rescind any and all unilateral changes made since May 6, 2015, in the ‘Unit’s wages, hours, and terms and conditions of employment, and in writing advise the Charging Party and the Unit employees that this has been done. (© Make whole former and current Unit employees for any and all unilateral changes in wages, hours, and terms and conditions of employment, by payment to each of them of backpay and reasonable consequential damages, with interest compounded daily in accordance with Board policy. (@ Manually post appropriate notices at the Academy, and distribute them electronically to current Unit employees and by regular mail to former Unit employees. (©) The General Counsel also requests an order requiring Respondent to bargain collectively and in good faith with the Charging Part, on request, for at least one year beyond the certification year, under the principles of Mar-Jae Poultry Co., 136 NLRB 785 (1962). The General Counsel further prays for such other relief as may be just and proper to remedy the alleged unfair labor practices. ANSWER REQUIREMENT Respondent is notified that, pursuant to Sections 102.20 and 102.21 of the Board’s Rules and Regulations, it must file an answer to the complaint. The answer must be received by this office on or before April 7, 2016, or postmarked on or before April 6, 2016. Respondent should file an original and four copies of the answer with this office and serve a copy of the answer on each of the other parties. ‘An answer may also be filed electronically through the Agency’s website. To file electronically, go to www.nlrb.gov, click on E-File Documents, enter the NLRB Case Number, and follow the detailed instructions. The responsibility for the receipt and usability of the answer rests exclusively upon the sender. Unless notification on the Agency’s website informs users that the Agency’s E-Filing system is officially determined to be in technical failure because itis unable to receive documents for a continuous period of more than 2 hours after 12:00 noon (Eastern Time) on the due date for filing, a failure to timely file the answer will not be excused ‘on the basis that the transmission could not be accomplished because the Agency’s website was off-line or unavailable for some other reason, The Board’s Rules and Regulations require that an answer be signed by counsel or non-attomey representative for represented parties or by theparty iffnot represented. See Section 102.21. If the answer being filed electronically is a pdf document containing the required signature, no paper copies of the answer need to be transmitted to the Regional Office. However, if the electronic version of an answer to a complaint is not a paf file containing the required signature, then the E-filing rules require that such answer coniaining the required signature continue to be submitted to the Regional Office by traditional means within three (3) business days after the date of electronic filing. Service of the answer on each of the other parties must still be accomplished by means allowed under the Board’s Rules and Regulations. The answer may not be filed by facsimile transmission, If no answer is filed, or if an answer is filed untimely, the Board may find, pursuant to a Motion for Default Judgment, that all allegations of the complaint are true. NOTICE OF HEARING PLEASE TAKE NOTICE THAT on the 6", day of June, 2016, at 11:00 a.m., in Room 300, Patrick V. McNamara Federal Building, 477 Michigan Avenue, Detroit, Michigan 48226, and on consecutive days thereafter until concluded, a hearing will be conducted before an administrative law judge of the National Labor Relations Board. At the hearing, Respondent and any other party to this proceeding have the right to appear and present testimony regarding the allegations in this complaint. The procedures to be followed at the hearing are described in the attached Form NLRB-4668. The procedure to request a postponement of the hearing is described in the attached Form NLRB-4338. ee Temy Morgan Regional Director ‘National Labor Relations Board Region Seven Patrick V. McNamara Federal Building 477 Michigan Avenue, Room 300 Detroit, MI 48226 Dated: March 24, 2016 AttachmentsFORM NLRB 4338 (6-90) UNITED STATES GOVERNMENT NATIONAL LABOR RELATIONS BOARD NOTICE Case 07-CA-162539 ‘The issuance of the notice of formal hearing in this case does not mean that the matter cannot be disposed of by agreement of the parties. On the contrary, it is the policy of this office to encourage voluntary adjustments. The examiner or attomey assigned to the case will be pleased to receive and to act promptly upon your suggestions or comments to this end. An agreement between the parties, approved by the Regional Director, would serve to cancel the hearing. However, unless otherwise specifically ordered, the hearing will be held at the date, hour, and place indicated. Postponements will not be granted unless good and sufficient grounds are shown and the following requirements are met: (1) The request must be in writing. An original and two copies must be filed with the Regional Director when appropriate under 29 CFR 102.16(a) or with the Division of Judges when appropriate under 29 CFR 102.16(b).. (2) Grounds must be set forth in detail, (3) Alternative dates for any rescheduled hearing must be given; (4) The positions of all other parties must be ascertained in advance by the requesting party and set forth in the request; and (5) Copies must be simultaneously served on all other parties (listed below), and that fact must be noted on the request. Except under the most extreme conditions, no request for postponement will be granted during the three days immediately preceding the date of hearing. Channing M. Cooper American Federation of Teachers (AFT), AFL-CIO 555 New Jersey Avenue, NW Washington, DC 20001 Michigan Alliance of Charter Teachers and Staff (Michigan ACTS), AFT Michigan, American Federation of Teachers (AFT), AFL-CIO 2661 East Jefferson Avenue Detroit, MI 48207Lesley Redwine Inspired Education d/b/a InspirED, and New Urban Learning Grand Park Centre 28 West Adams Street, Suite 1600 Detroit, MI 48226 Maurice G. Jenkins , Esq, Jackson Lewis LLP 2000 Town Center, Suite 1650 Southfield, MI 48075-1146 ‘Aaron D. Graves , Esq. Bodman, PLC 1901 St. Antoine Street Detroit, MI 48226 Reginald M. Turner, Jr. , Esq. Clark Hill PLC 500 Woodward Avenue, Suite 3500 Detroit, MI 48226 William A. Moore , Esq. Clark Hill PLC 500 Woodward Ave., Suite 3500 Detroit, MI 48226-3485 University YES Academy 14669 Curtis Detroit, MI 48235