NLRB, Unions, Jurisdiction

D.C. Circuit Strikes Down Board’s Mail Election Ruling for Lack of Justification

Proskauer - Labor Relations Update on 7/16/2024

On July 9, 2024, D.C. Circuit Court of Appeals remanded a National Labor Relations Board (“Board”) decision for further clarification. In GHG Management LLC v. NLRB, Case No. 22-1312 (D.C. Cir. July 9, 2024), the D.C. Circuit...more

NLRB Shoots Its Shot: Dartmouth Basketball Players Deemed Employees, Allowed to Hold Union Election

Pillsbury Winthrop Shaw Pittman LLP on 2/21/2024

Region 1 of the National Labor Relations Board (NLRB) found that student-athletes on the Dartmouth College men’s basketball team are “employees” within the meaning of the National Labor Relations Act (NLRA) and directed a...more

OFCCP Week In Review: April 2022 #2

DirectEmployers Association on 4/11/2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

June 2020: The Top 21 Labor And Employment Law Stories

Fisher Phillips on 8/3/2020

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Eighth Circuit Affirms Ruling That NLRB Retains Jurisdiction to Review Arbitration Decision on NRLA Charge, Not Court

Carlton Fields on 7/29/2020

An arbitrator resolved a dispute between the parties in favor of the union, deciding that Exide Technologies had violated the collective bargaining agreement and the National Labor Relations Act (NLRA) by unilaterally...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

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

In Reversal, NLRB Decides It Lacks Jurisdiction Over Religious College

Holland & Knight LLP on 6/12/2020

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

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

D.C. Circuit Rejects NLRB’s Attempt to Certify Union Vote by University Adjunct Faculty

Littler on 2/3/2020

The D.C. Circuit recently rebuffed the National Labor Relations Board’s attempt to assert jurisdiction over adjunct faculty at Duquesne University, a religious college. Duquesne University v. NLRB, No. No. 18-1063 (D.C. Cir....more

Are Charter Schools Covered by the National Labor Relations Act? NLRB to Reconsider Its Jurisdiction over Charter Schools

Proskauer - Labor Relations Update on 2/7/2019

On February 4, the NLRB granted United Federation of Teachers, Local 2, AFT, AFL-CIO’s (the “Union”) request for review of the Regional Director’s Decision and Direction of Election concerning a decertification petition filed...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

National Labor Relations Board › Unions › Jurisdiction