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National Labor Relations Board › Jurisdiction › Universities

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Disentangles Itself From Religious Education Institutions

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On June 10, 2020, the National Labor Relations Board (NLRB) renounced jurisdiction over faculty employees at most religious educational institutions. The Bethany College case overruled the NLRB’s 2014 Pacific Lutheran...more

Jackson Lewis P.C.

Reversing Course, NLRB Determines Not To Exercise Jurisdiction Over Religious Institutions

Jackson Lewis P.C. on

Overruling a controversial 2014 National Labor Relations Board (NLRB) decision, the NLRB has adopted a new test for determining whether it will exercise jurisdiction over religious institutions. Bethany College, 369 NLRB No....more

Fisher Phillips

NLRB Will No Longer Exercise Jurisdiction Over Religious Educational Institutions

Fisher Phillips on

In a major reversal of a 2014 Obama-era precedent, the National Labor Relations Board just ruled that it will no longer assert jurisdiction over bona fide religiously affiliated schools. This decision is of enormous...more

Proskauer - Labor Relations Update

NLRB Establishes Bright-Line Test Denying Jurisdiction over Religious Educational Institutions

Proskauer - Labor Relations Update on

We have seen this movie before. NLRB precedent established by the Board under the prior Administration conflicted sharply with decisions by the D.C. Circuit reviewing the Board. Then the current iteration of the Board...more

Holland & Knight LLP

In Reversal, NLRB Decides It Lacks Jurisdiction Over Religious College

Holland & Knight LLP on

Overruling a prior decision, the National Labor Relations Board (NLRB) has determined that it cannot exercise jurisdiction over the faculty of Bethany College, a college associated with the Evangelical Lutheran Church of...more

FordHarrison

NLRB Asserts Jurisdiction Over Non-Teaching Employees of a Private Religious University

FordHarrison on

In an April 6, 2017, decision, Saint Xavier University, 365 NLRB No. 64 (2017), the National Labor Relations Board (NLRB) determined that it was appropriate to exercise jurisdiction over a petitioned-for unit of housekeeping...more

Franczek P.C.

The NLRB Rules That It Will Assert Jurisdiction Over Nonteaching Employees of Religious Institutions And Nonprofit Religious...

Franczek P.C. on

In its 2014 landmark decision in Pacific Lutheran University (PLU), the National Labor Relations Board (NLRB) held that it will assert jurisdiction over faculty at religious colleges and universities unless the college or...more

Seyfarth Shaw LLP

NLRB General Counsel Issues Report on NLRA Protections For Faculty and Students

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a last minute attempt to leave his mark on the NLRB, the Board’s outgoing General Counsel issued a report attempting to expand the rights of university faculty and students, including scholarship...more

Seyfarth Shaw LLP

Back to School: NLRB Takes Aim at Colleges and Universities

Seyfarth Shaw LLP on

Seyfarth Synopsis: The National Labor Relations Board issued three important decisions this week that will significantly impact private colleges and universities....more

Jackson Lewis P.C.

Labor Board Will Decide Organizing Rights of Non-Teaching Employees at Religious Colleges, Universities

Jackson Lewis P.C. on

The National Labor Relations Board is set to decide if the same test used to determine whether teaching employees of a religious school are subject to the Board’s jurisdiction should be extended to non-teaching employees....more

Manatt, Phelps & Phillips, LLP

NLRB Ruling on Northwestern Football Players Highlights Need for Congressional Action on College Sports

Manatt, Phelps & Phillips, LLP on

In August, the National Labor Relations Board (NLRB or "the Board") unanimously ruled that it lacked jurisdiction to decide whether college football players at Northwestern University are "employees" under the National Labor...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The NLRB Goes Back to Church (Schools), Gets Entangled

Ogletree, Deakins, Nash, Smoak & Stewart,... on

In our June 2015 blog post, “NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions,” we reported that Regional Directors of the National Labor Relations Board (NLRB) were beginning to exercise jurisdiction...more

Cozen O'Connor

Cozen O’Connor Lawyers Win Appeal Defeating Northwestern Football Players' Attempt to Form Union

Cozen O'Connor on

The National Labor Relations Board announced on August 17, 2015 that it would not assert jurisdiction over Northwestern University’s scholarship football student-athletes in their bid to be recognized as “employees” and form...more

Obermayer Rebmann Maxwell & Hippel LLP

OFFSIDES: NLRB Punts on Whether College Football Players Can Unionize

Obermayer Rebmann Maxwell & Hippel LLP on

Last year, in what was lauded as a potentially game changing decision (pun intended), Peter Sung Ohr, the Regional Director of Region 13 of the National Labor Relations Board (NLRB or Board) ruled that the grant-in-aid...more

Miller Canfield

NLRB Punts on College Athlete Unions

Miller Canfield on

On August 17, 2015, the National Labor Relations Board issued the long awaited decision in the Northwestern University football union case. 362 NLRB No. 167 (8/17/2015). In a rare display of unanimity, the five members of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Before December of 2014, religious colleges and universities could generally assume that under the National Labor Relations Board’s (NLRB) “substantial religious character” test, the NLRB would decline to assert jurisdiction...more

Proskauer Rose LLP

Higher Education Alert: NLRB Announces Two New Standards Favorable to Faculty Unions

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In Pacific Lutheran University, 361 NLRB No. 157, a case that had been watched closely by the higher education community, the National Labor Relations Board issued a 3-2 decision the week before Christmas announcing new...more

Proskauer - Labor Relations

Higher Education Alert: NLRB Trend in Easing Unionization Continues with Recent Decision

Proskauer - Labor Relations on

The National Labor Relations Board issued a 3-2 decision last month in Pacific Lutheran University, 361 NLRB No. 157, in which it significantly modified the standards for determining: (1) whether college or university faculty...more

Ballard Spahr LLP

NLRB Issues Significant Decision on Faculty Unionization

Ballard Spahr LLP on

The National Labor Relations Board (Board) recently ruled that it would assert jurisdiction over Pacific Lutheran University's (PLU’s) full-time contingent faculty members. In the context of a union's attempt to organize...more

Bond Schoeneck & King PLLC

The National Labor Relations Board Strikes Again – How Managerial Are Your Faculty and How Religious Is Your Institution?

Bond Schoeneck & King PLLC on

In the latest example of dramatic changes to well-developed principles of federal labor law and policy, the National Labor Relations Board (“NLRB” or “Board”) issued its long awaited decision in Pacific Lutheran University,...more

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