Inside Higher Ed
February 15th, 2015
The National Labor Relations Board on Friday remanded another case
involving a would-be adjunct faculty union at a religious college -- Duquesne University
-- back to a regional NLRB office in light of the NRLB’s recent ruling
regarding Pacific Lutheran University. The NRLB earlier this month sent three similar union cases back to their respective regional offices for further action in light of the Pacific Lutheran ruling.
In that case -- which many called a major win for unions and
a blow to long-standing legal precedents challenging the right of
tenure-line faculty members at private institutions and faculty members
generally at religious institutions to freely form unions -- the board
said adjuncts at Pacific Lutheran could form a union affiliated with
Service Employees International Union. The board based its decision on
its opinion that adjuncts at Pacific Lutheran don't perform specific
religious functions that might cause them to fall outside its
jurisdiction, and on the opinion that the faculty members lacked the
managerial duties that might prevent them from forming a union.