NLRB Receives An “Incomplete” In School Case

On December 19, 2014, the Board released Pacific Lutheran University, 361 NLRB No. 157 (2014) (Pacific Lutheran Board Decision), a decision that will have significant impact on two key issues:  (i) when the Board can assert jurisdiction over religious schools; and (ii) the analysis to be applied in determining when faculty who participate in the governance of a private school are managerial employees and therefore may not unionize.  A majority of the Board adopted a new test for determining when to assert jurisdiction over religious colleges and universities, and also “refined” the analysis used to determine the managerial status of faculty. While a brief overview of the decision appears below, for a more in-depth analysis, click here to read the detailed management alert issued to our education sector clients.

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