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NLRB v. CATHOLIC BISHOP OF CHICAGO

No. 77-752.

440 U.S. 490 (1979)

NATIONAL LABOR RELATIONS BOARD v. CATHOLIC BISHOP OF CHICAGO ET AL.

Supreme Court of United States.

Decided March 21, 1979.

Attorney(s) appearing for the Case

Solicitor General McCree argued the cause for petitioner. With him on the briefs were Kenneth S. Geller, John S. Irving, Carl L. Taylor, Norton J. Come, and Carol A. De Deo.

Don H. Reuben argued the cause for respondents. With him on the brief were Lawrence Gunnels, James A. Serritella, James A. Klenk, and Jerome J. O'Dowd.*

Briefs of amici curiae urging affirmance were filed by Leo Pfeffer and Earl W. Trent, Jr., for the Baptist Joint Committee on Public Affairs; by Thomas Stephen Neuberger for the Center for Law and Religious Freedom of the Christian Legal Society; by Warren L. Johns, Walter E. Carson, Lee Boothby, and Robert J. Hickey for the General Conference of Seventh-Day Adventists; and by David Goldberger and Barbara P. O'Toole for the Roger Baldwin Foundation of the American Civil Liberties Union, Inc., Illinois Division.

Briefs of amici curiae were filed by Lawrence A. Poltrock and Bruce E. Endy for the American Federation of Teachers (AFL-CIO); by Sharp Whitmore for certain Catholic High Schools in the Archdiocese of Los Angeles and the Diocese of Orange; and by George E. Reed and Patrick F. Geary for the United States Catholic Conference.

MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

This case arises out of the National Labor Relations Board's exercise of jurisdiction over lay faculty members at two groups of Catholic high schools. We granted certiorari to consider two questions: (a) Whether teachers in schools operated by a church to teach both religious and secular subjects are within the jurisdiction granted by the National Labor Relations Act; and (b) if the Act authorizes such jurisdiction...

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