DUQUESNE UNIVERSITY OF THE HOLY SPIRIT v. N.L.R.B.

No. 18-1063, Consolidated with 18-1078.

947 F.3d 824 (2020)

DUQUESNE UNIVERSITY OF THE HOLY SPIRIT, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. United Steel, Paper and Forestry, Rubber, Manufacturing, Allied-Industrial and Service Workers International Union, AFL-CIO-CLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 28, 2020.


Attorney(s) appearing for the Case

Stanley J. Brown , New York, NY, argued the cause for petitioner. With him on the briefs were Arnold E. Perl , Memphis, TN, Joel Buckman , Washington, DC, Ira M. Feinberg , New York, NY, and Amy Folsom Kett , Tysons, VA.

Erin E. Murphy , argued the cause for amicus curiae Association of Catholic Colleges and Universities in support of petitioner. With her on the brief were Paul D. Clement , Kasdin M. Mitchell , and Lauren N. Beebe , Washington, DC.

Heather S. Beard , Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Peter B. Robb , General Counsel, John W. Kyle , Deputy General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Elizabeth Heaney , Supervisory Attorney.

James B. Coppess , Washington, DC, argued the cause for intervenor. With him on the brief were Amanda Fisher and Nathan Kilbert .

Michael S. Wolly , Washington, DC, was on the brief for amicus curiae American Association of University Professors in support of respondent.

Dissenting opinion filed by Circuit Judge Pillard.


The National Labor Relations Board ordered Duquesne University, a Catholic school in Pennsylvania, to bargain with a union representing the school's adjunct faculty. Duquesne petitions for review, arguing that its religious mission places it beyond the Board's jurisdiction. We agree.

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Duquesne was founded...

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