January 28, 2020 / 10:09 PM / a month ago

D.C. Circuit nixes NLRB's Obama-era test for jurisdiction over religious schools

A divided U.S. appeals court on Tuesday rejected an Obama-era standard that gave the National Labor Relations Board jurisdiction over religious schools in some cases, ruling that Duquesne University’s religious mission bars its part-time adjuncts from unionizing.

The U.S. Court of Appeals for the D.C. Circuit in a 2-1 ruling said the board’s 2014 decision involving Pacific Lutheran University, which it applied in Duquesne’s case, was invalid. In Pacific Lutheran, the board had said it has jurisdiction over religious schools with respect to faculty who do not have an explicitly religious role.

To read the full story on WestlawNext Practitioner Insights, click here: bit.ly/2S3mYaK

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