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Legislation and Regulation Keyed to Manning, 5th Ed.
National Labor Relations Board v. Catholic Bishop of Chicago
Citation:
440 U.S. 490 (1979)Facts
The Catholic Bishop of Chicago operated two “minor seminary” high schools (Quigley North and Quigley South) that provided special religious instruction along with a college-preparatory curriculum. The Diocese of Fort Wayne-South Bend operated five high schools offering traditional secular education oriented to Catholic faith with mandatory religious training. In 1974 and 1975, unions filed representation petitions with the NLRB seeking to represent lay teachers at these schools. The schools challenged the Board’s jurisdiction on both statutory and First Amendment grounds. The Board rejected these arguments, asserting jurisdiction over the schools because they were not “completely religious” but merely “religiously associated.” After the unions won representation elections, the schools refused to bargain. The Board found the schools had committed unfair labor practices and ordered them to bargain collectively with the unions. The Seventh Circuit Court of Appeals denied enforcement of the Board’s orders, holding that the Board’s “completely religious—merely religiously associated” standard provided no workable guide and that Board jurisdiction would impinge upon the religious freedom of church authorities.
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