In an important decision, the National Labor Relations Board (NLRB) declined jurisdiction over the Faculty of Religious schools. In adopting the jurisdictional test from University of Great Falls v. NLRB, 278 F.3d 1335 (D.C. Cir. 2002), The Board declined to exercise jurisdiction over the faculty at an Institution of higher learning that:
(a) “holds itself out to students, faculty, and community as providing a religious educational environment”;
(b) is “organized as a nonprofit”;
(c) is “affiliated with, or owned, operated, or controlled, directly or indirectly, by a recognized religious organization, or with an entity, membership of which is determined, at least in part, with reference to religion.
The Board is leaving the determination of what is religious activity to the religiously affiliated institutions and their affiliated religious bodies. More information is available on the National Labor Relations Board website, which can be found by clicking HERE.