Law stated as of 11 Jun 2020 • USA (National/Federal)
In Duquesne University of the Holy Spirit v. NLRB, a divided panel of the US Court of Appeals for the District of Columbia Circuit rejected the National Labor Relations Board's (NLRB) jurisdictional test for adjunct faculty at religious colleges and universities expressed in Pacific Lutheran University.
On January 28, 2020, in Duquesne University of the Holy Spirit v. NLRB, Duquesne University of the Holy Spirit (Duquesne), a Catholic university, challenged the NLRB's exercising jurisdiction over it and certifying a union as the representative of its adjunct faculty, by:
Refusing to bargain with the certified union.
Petitioning the US Court of Appeals for the District of Columbia Circuit (DC Circuit) for review of the NLRB's unfair labor practice (ULP) decision and order requiring it to bargain with the union.
Every NLRB ULP decision may be appealed to the DC Circuit. The NLRB likely will soon revisit and overrule the Pacific Lutheran standard because any decision based on it is bound to be challenged in and vacated by the DC Circuit.