Abstract

This written testimony was submitted to accompany an appearance before two subcommittees of the House of Representatives regarding the National Labor Relations Board's jurisdiction over higher education institutions. In this testimony I made three points: First, the NLRB’s use of a “substantial religious character” test to determine the scope of the exemption for a religiously-affiliated university from the National Labor Relations Act is at odds with over 30 years’ worth of Supreme Court and lower court precedents. Second, intrusion by the NLRB into the internal matters of religious institutions poses a threat to religious freedom. Finally, opposition to NLRB jurisdiction over religiously-affiliated colleges and universities is not inconsistent with support by churches of the rights of workers to unionize.

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