947 F.3d 824
D.C. Cir.2020Background
- Duquesne University is a nonprofit, Spiritan‑affiliated Catholic university that publicly holds itself out as providing a religious educational environment. Adjuncts teach substantial portions of the Core Curriculum.
- Approximately 88 adjuncts in the liberal arts college voted to unionize; the NLRB regional director certified the union under the Pacific Lutheran test (excluding theology adjuncts).
- Duquesne refused to bargain and challenged the NLRB’s jurisdiction, invoking the First Amendment Religion Clauses (via Catholic Bishop) and this Court’s decisions in Great Falls and Carroll College.
- The NLRB applied Pacific Lutheran’s requiring “holding out” adjuncts as performing a specific religious role; the Board’s panel asserted jurisdiction.
- The D.C. Circuit majority held that University of Great Falls and Carroll College control: because Duquesne satisfies the Great Falls bright‑line test, the Board lacks jurisdiction over these faculty/teachers and the Board’s order was vacated.
- Judge Pillard dissented, endorsing the NLRB’s Pacific Lutheran holding‑out approach for adjuncts and arguing that adjuncts can be treated differently from full‑time faculty for NLRA jurisdictional purposes.
Issues
| Issue | Duquesne (Petitioner) | NLRB / Union (Respondents) | Held |
|---|---|---|---|
| Whether the NLRB has jurisdiction to certify and compel bargaining for adjunct faculty at an avowedly religious university | NLRA does not authorize Board jurisdiction over teachers at church‑operated schools once the school meets the Great Falls three‑part test | Board: jurisdiction permissible under its Pacific Lutheran framework unless the school holds out the specific faculty as performing a religious role; Union: adjuncts not held out, so Board has jurisdiction | Held: No jurisdiction. Because Duquesne satisfies Great Falls (holds itself out as religious, is nonprofit, and is religiously affiliated), the NLRB must decline jurisdiction over these faculty/teachers. |
| Whether the Court should apply Great Falls bright‑line test or defer to the NLRB’s Pacific Lutheran test | Great Falls controls; bright‑line test prevents intrusive religious inquiry and precludes role‑by‑role analysis | Pacific Lutheran: require showing the institution holds out the petitioned‑for faculty as performing a religious role; less intrusive than examining job duties | Held: Great Falls governs; Pacific Lutheran is incompatible with D.C. Circuit precedent and impermissibly entails inquiry into religious roles. |
| Whether the Board may determine jurisdiction by assessing whether faculty members individually perform "religious roles" or by surveying a "reasonable candidate's" perceptions | Such inquiries would entangle the government in religious doctrine and mission; impermissible under Catholic Bishop and Great Falls | Board/Union: a limited, objective "holding out" inquiry regarding faculty role is permissible and avoids intrusion | Held: The court rejects role‑by‑role inquiries; it bars the Board from defining which faculty roles are "sufficiently religious," because that would violate Religion Clauses. |
| Whether the court must resolve Duquesne’s RFRA claim | RFRA argument was raised but unnecessary if Board lacks jurisdiction | Board sought enforcement; RFRA claim advanced by Duquesne | Held: Court did not reach RFRA merits because it resolved jurisdictional issue in Duquesne’s favor. |
Key Cases Cited
- NLRB v. Catholic Bishop of Chicago, 440 U.S. 490 (1979) (Supreme Court held NLRA does not permit Board jurisdiction over teachers in church‑operated schools to avoid First Amendment entanglement)
- University of Great Falls v. NLRB, 278 F.3d 1335 (D.C. Cir. 2002) (adopted a bright‑line three‑part test: holds itself out as religious, nonprofit, religiously affiliated; if met, Board must decline jurisdiction)
- Carroll College v. NLRB, 558 F.3d 568 (D.C. Cir. 2009) (reinforced Great Falls: schools satisfying the test are patently beyond Board jurisdiction)
- Hosanna‑Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. 171 (2012) (ministerial‑exception analysis recognizing courts may examine employee functions for some First Amendment exemptions)
- Corp. of the Presiding Bishop v. Amos, 483 U.S. 327 (1987) (discussed protection of religious organizations and limits on government intrusion)
- Mitchell v. Helms, 530 U.S. 793 (2000) (cautioned against intrusive inquiry into religious views and activities)
- Universidad Central de Bayamon v. NLRB, 793 F.2d 383 (1st Cir. 1985) (First Circuit criticized Board efforts to distinguish more or less religious colleges; warned against entanglement)
- NLRB v. Yeshiva Univ., 444 U.S. 672 (1980) (recognized managerial‑faculty exemption and heterogeneity within university faculties)