“In a decision released today in Bethany College, 369 NLRB No. 98, the Board held that it has no jurisdiction over the faculty at religious institutions of higher education. In so doing, the Board overruled the prior jurisdictional standard set forth in Pacific Lutheran University, 361 NLRB 1404 (2014), a test that had been criticized by the United States Court of Appeals for the District of Columbia Circuit as incompatible with Supreme Court precedent. In place of the Pacific Lutheran standard, the Board adopted the jurisdictional test announced by the District of Columbia Circuit in University of Great Falls v. NLRB, 278 F.3d 1335 (D.C. Cir. 2002).”
NLRB Declines Jurisdiction Over Faculty at Religious Institutions
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