Bloomberg Law
Jan. 28, 2020, 8:14 PMUpdated: Jan. 28, 2020, 10:56 PM

Duquesne Exempt From NLRA, Beats Adjunct Faculty Union Push (1)

Kathleen Dailey
Kathleen Dailey
Legal Reporter
Robert Iafolla
Robert Iafolla

The National Labor Relations Board didn’t have the authority to certify an adjunct faculty union at Duquesne University or order the Catholic school to bargain, the D.C. Circuit held in a ruling that rejected the board’s Obama-era test for asserting jurisdiction over religious colleges.

Applying the wrong legal standard, the NLRB incorrectly concluded that the dispute wasn’t exempt from the National Labor Relations Act, the U.S. Court of Appeals for the District of Columbia said in its 2-1 decision.

The NLRA doesn’t give the NLRB jurisdiction over teachers in a church-operated school, under the U.S. Supreme Court’s 1979 decision in ...

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