NLRB, Religious Institutions, Religious Schools

NLRB Judge’s Decision Tees Up Reconsideration of Test for Religious Exemption

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/7/2023

On February 23, 2023, an administrative law judge for the National Labor Relations Board (NLRB) ruled that a Catholic university in Florida is exempt from the Board’s jurisdiction as a religious institution. But the case tees...more

How Religious are You? Catholic University Withdraws Recognition from Union Claiming Religious Exemption

Franczek P.C. on 1/13/2021

The Sunshine State will once again be the center of national attention in what could be one of the first battles before the Biden NLRB regarding the ever-shifting issue of the Board’s jurisdiction over religious educational...more

Board Decides Religious Educational Institutions Not Subject To Labor Laws While Supreme Court Grapples With Ministerial Exception

Husch Blackwell LLP on 6/22/2020

Key Points- •In the June 10, 2020, National Labor Relations Board (Board) decision Bethany College, the Board reversed its own 2014 decision, Pacific Lutheran University, and held that the Board lacks jurisdiction over...more

National Labor Relations Board Reverses Obama-Era Decision Regarding Standard for Asserting Jurisdiction Over Faculty Members at...

Bond Schoeneck & King PLLC on 6/18/2020

On June 10, 2020, the National Labor Relations Board (the NLRB or the Board) issued a decision that reversed a 2014 Board decision regarding the test for exercising jurisdiction over faculty members at religious institutions....more

NLRB Severely Limits Jurisdiction Over Religious Schools

Cozen O'Connor on 6/17/2020

On June 10, 2020, a three-member panel of the National Labor Relations Board issued a decision limiting its own jurisdiction over the faculty of self-identified religious educational institutions. ...more

NLRB Refuses to Meddle In Religious Institutions' Affairs

Steptoe & Johnson PLLC on 6/16/2020

The National Labor Relations Board (“NLRB”) determined last week that it has no jurisdiction over faculty members at religious institutions of higher education in Bethany College, 369 NLRB No. 98. The decision overrules a...more

NLRB Reverses Course, Holds it has no Jurisdiction over Faculty at Religious Institutions of Higher Education

Littler on 6/16/2020

In a decision released on June 10, 2020, the National Labor Relations Board reversed its prior position regarding whether the Board may exercise jurisdiction over faculty at religious institutions of higher education. The...more

In An Important Ruling for Religious Educational Institutions, The National Labor Relations Board Overrules Prior Decision and...

Seyfarth Shaw LLP on 6/16/2020

Seyfarth Synopsis: The National Labor Relations Board (“NLRB”) issued an important ruling strongly protecting the First Amendment rights of religious educational institutions, holding that “while the [National Labor...more

NLRB Disentangles Itself From Religious Education Institutions

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/16/2020

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

The NLRB Rethinks Its Position on When It May Assert Jurisdiction Over Religious Schools in Labor Matters Involving Faculty...

Sheppard Mullin Richter & Hampton LLP on 6/16/2020

On June 10, the National Labor Relations Board (NLRB or Board) issued Bethany College, 369 NLRB No. 98, in which it held that it does not have jurisdiction over matters concerning teachers or faculty at bona fide religious...more

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

Jackson Lewis P.C. on 6/15/2020

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

NLRB Will No Longer Exercise Jurisdiction Over Religious Educational Institutions

Fisher Phillips on 6/12/2020

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

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

Proskauer - Labor Relations Update on 6/12/2020

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

No NLRB Rights For Adjunct Faculty At Religious University

Husch Blackwell LLP on 2/18/2020

The U.S. Court of Appeals for the D.C. Circuit recently issued a decision in Duquesne University of the Holy Spirit v. NLRB, which resulted in the denial of collective bargaining rights to adjunct faculty members employed by...more

D.C. Circuit Vacates NLRB Decision, Reinforcing Board’s Limited Jurisdiction over Religious Schools

Proskauer - Labor Relations Update on 2/3/2020

Similar to other disagreements between the NLRB and D.C. Circuit, a tension developed during the last several years regarding the appropriate standard to determine whether teachers at religious schools are covered by the NLRA...more

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

FordHarrison on 4/13/2017

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

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

Franczek P.C. on 4/12/2017

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

NLRB Expands Jurisdiction in Church-Operated Schools, Distinguishing Between "Religious" and "Secular" Instruction in Faculty...

Littler on 9/21/2016

In two recent cases, the National Labor Relations Board distinguished between faculty members providing secular instruction and those providing religious instruction, in concluding that only those providing religious...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/2/2015

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

NLRB Jurisdictional Ruling Clears Path for Unionization of Religious Schools

Snell & Wilmer on 3/19/2015

A National Labor Relations Board (“NLRB”) Regional Director recently issued a ruling that could clear the way for more unionization of faculty members at private, religious schools. The Regional Director for NLRB Region 19...more

The NLRB Appears To Clear The Path Toward Greater Unionization Of Private Colleges And Universities

Pullman & Comley - School Law on 2/23/2015

In a decision notable for not just one, but two revisions to established National Labor Relations Board (the “Board”) analytical framework, the Board appears to open the door toward increased unionization of private...more

NLRB Issues Significant Decision on Faculty Unionization

Ballard Spahr LLP on 1/6/2015

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

NRLB Significantly Alters Framework for Analyzing Jurisdiction over Private College and University Faculty

Franczek P.C. on 1/6/2015

Recently, the National Labor Relations Board (NLRB) issued its decision in Pacific Lutheran University and Services Employees International Union (Pacific Lutheran). In a ruling that could expand union formation among faculty...more

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

Bond Schoeneck & King PLLC on 12/23/2014

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

National Labor Relations Board › Religious Institutions › Religious Schools

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