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Regional NLRB Decision Holds Manhattan College Is Secular; Representation Election Ordered

By Howard M. Friedman

In In re Manhattan College, (NLRB, Jan. 10, 2010), a National Labor Relations Board regional director held that the judicially and administratively developed exemption from NLRB coverage for colleges whose purpose is the propagation of a religious faith does not apply to New York's Manhattan College. The holding comes in response to a petition by the Manhattan College Adjunct Faculty Union to hold an election for it to become the collective bargaining representative for part-time adjunct faculty.  The decision concludes that the evidence shows the purpose of the college is secular. It finds that there is little risk that exercising NLRB jurisdiction will lead to unconstitutional entanglement of government and religion because the "school's stated purpose does not involve the propagation of a religious faith, teachers are not required to adhere to or promote religious tenets, a religious order does not exercise control over hiring, firing, or day-to-day operations, and teachers are given academic freedom..." According to Inside Higher Ed yesterday, the case has been closely followed by both labor unions and religious organizations. The college administration has emphasized the Catholic nature of the institution. (See prior related posting.)

Full post as published by Religion Clause on January 12, 2011 (boomark / email).