Roundtable Expert Witnesses Services for Litigators & Legal Professionals – Click her for more info. 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 educational institutions. Bona fide religious educational institutions are those who (1) hold themselves out to students, faculty and the community as providing a religious educational environment; (2) are nonprofit organizations; and (3) are affiliated with, or owned, operated or controlled by a recognized religious organization or with an entity, membership of which is determined, at least in part, with reference to religion. In Bethany College , the Board also overruled its decision in Pacific Lutheran University , 361 NLRB 1404 (2014), where the Board had concluded it could assert jurisdiction over a religious school and its teachers if the teachers were not held out as performing a specific role in creating or maintaining the school’s religious educational environment. In overruling Pacific Lutheran on constitutional grounds, the Bethany College Board found that its Pacific Lutheran decision could not be squared with the First Amendment and Supreme […]
