Catholic schools have always been protected from union organizers, but In re Manhattan College (1/10/11), NLRB Region 2, Case 2-RC-23543, a 26-page NLRB decision, holds that that protective religious exemption does not apply to a CINO (Catholic-In-Name-Only) college, i.e., a secular institution with religious roots.
The NLRB found that the religious exemption is inapplicable where a religious order does not exercise control over hiring, firing, and day-to-day operations; where the school's stated purpose does not involve the propagation of the Faith; where teachers are not required to adhere to or promote Catholic tenets; and where teachers are given academic freedom. The union successfully argued that that college "does not meet the test of a religious institution." The NLRB decision dismissed the college's purported "commitment to social justice" as so vague that it is equally applicable to a government school.
Ask yourself: Is WJU a Catholic school or a CINO school? Is not President Beyer the first unread Protestant President in 477 years of Jesuit history? Does Beyer have a graduate degree? Has Beyer ever taught a college course? Does Beyer have a background in Jesuit values? Does Beyer have a baptismal certificate? Does Beyer promote the propagation of Catholicism? Does Beyer look the other way when pro-abortion literature is distributed on campus?
Provincial Shea, say hello to the NEA.
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Wheeling Jesuit is easily distinguishable from Manhattan College. The NLRB specifically found that Manhattan College is neither owned nor controlled by the church or any religious order. Wheeling Jesuit, in contrast, is owned and controlled by the Jesuit order. The Jesuits own the campus and the President serves at the pleasure of the board of directors; and both the directors and Beyer serve at the pleasure of the Jesuit trustees, priests who have sworn obedience to their Jesuit superiors. If the NLRB is foolish enough to claim jurisdiction over Wheeling Jesuit, the agency will get shot down in federal court.
ReplyDeleteLionel Clinkerstaff
Lionel’s above comment is 100% wrong. The NLRB decision is applicable to Wheeling Jesuit even more so than to Manhattan College because Manhattan replaced a Christian Brothers President with a lay Catholic whereas Wheeling fired a Jesuit President and replaced him with a Protestant. The NLRB does not care who owns the land, Lionel. The NLRB allows a union to organize where a layman President exercises control over hiring, firing, and day-to-day operations. The above news article is correct, and Lionel’s comment is wrong. WJU believes in “social justice” for others, but not for their adjunct faculty.
ReplyDeleteI infer from "Solidarity's" name that he/she is a supporter of collective bargaining. It is immaterial to me whether adjunct faculty at WJU choose to unionize or not. However, interested readers who desire an accurate legal interpretation should read the actual opinion of Elbert Tellem, the pro-labor acting regional director of New York's NRLB office; Manhattan College's appeal of that decision; and applicable precedents of the D.C. Circout court and the U.S. Supreme Court, which can, and probably will, overrule Mr. Tellem's strained and poorly reasoned decision.
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