St. Xavier University Not Entitled To Exemption From NLRA

An NLRB Regional Director's decision last month ruled that adjunct faculty at Chicago's St. Xavier University are entitled to hold a collective bargaining election.  The decision in St. Xavier University, (NLRB Reg. 13, May 26, 2011) rejected the argument that the school is exempt from NLRB jurisdiction under 1st Amendment doctrines because of its religious character . The NLRB Director concluded that the university operates as a secular institution, not as one that has a "substantial religious character."  In supporting this conclusion, the Director wrote in part:

The Employer follows Ex Corde, which is the Catholic Church’s guiding document for universities to promote academic freedom. Under this document, faculty are left unfettered with regard to imbuing or inculcating students and curriculum with Church doctrine or religion.... Similarly, there is no evidence that the University would discipline or fire faculty if they did not hold to Catholic values.

In January, an NLRB regional director reached a similar result in the case of Manhattan College. (See prior posting.) Last month, the Cardinal Newman Society published a paper titled The NLRB's Assault on Religious Liberty, arguing: "The NLRB has claimed jurisdiction over Catholic colleges and universities for decades, forcing institutions to recognize faculty unions despite the potential interference with their ability to enforce their religious missions." [Thanks to Alliance Alert for the lead.]