NLRB Expands Jurisdiction in Church-Operated Schools, Distinguishing Between “Religious” and “Secular” Instruction in Faculty Bargaining Unit Cases

In two recent cases, the National Labor Relations Board distinguished between faculty members providing secular instruction and those providing religious instruction, in concluding that only those providing religious instruction were exempt from National Labor Relations Act coverage. In so doing, the Board applied its own test for religious exemption and expanded its jurisdiction beyond what the U.S. Supreme Court had deemed appropriate for a church-operated school.