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CARROLL COLLEGE, INC. v. N.L.R.B.

Nos. 07-1315, 07-1383.

558 F.3d 568 (2009)

CARROLL COLLEGE, INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 13, 2009.

Attorney(s) appearing for the Case

Edward A. Brill argued the cause and filed the briefs for petitioner. Lawrence Z. Lorber entered an appearance.

Arnold E. Perl and Ada Meloy were on the brief of amici curiae American Council on Education et al. in support of petitioner.

Steven B. Goldstein, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Robert J. Englehart, Supervisory Attorney.

Catherine Trafton argued the cause for intervenor. With her on the brief was James B. Coppess.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

The National Labor Relations Board ordered Carroll College to bargain with the recognized collective bargaining agent of its faculty. In this petition for review, the college argues that its religious educational environment and affiliation with the United Presbyterian Church place it beyond the Board's jurisdiction under NLRB v. Catholic Bishop of Chicago, 440 U.S. 490, 99 S.Ct. 1313, 59 L.Ed.2d 533...

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