ERIC Number: ED179122
Record Type: Non-Journal
Publication Date: 1978-Nov
Reference Count: N/A
Bargaining Unit Plcement of Religious Faculty.
Kelley, Edward P., Jr.; Gerry, Frank C.
Case law and the rulings of the National Labor Relations Board involving unit placement of religious faculty are reviewed. The rulings have been criticized by Roman Catholic religious orders as arbitrary, capricious, illogical, and illegal. Faculty unions wishing to exclude religious faculty from the bargaining unit have cited conflict of interest and poverty vows. In some cases, these arguments have persuaded the National Labor Relations Board to exclude religious faculty. In other unit determination hearings the same arguments were rejected. To rationalize its behavior, the Board has developed a "community of interest" criteria, taking into account a number of different factors. It is suggested that sooner or later the Board and the courts must address the constitutional question of First Amendment freedoms of religion and association of Title VII religious discrimination. In the cases already decided, the Board and the courts have weighed the university control, relationship between religious order faculty and the administration, hiring practices and salary, fringe benefits and contributions made by the religious order faculty back to the college. The implications of the constitutional questions on the free exercise of religion and the issue of religious discrimination could push some religiously affiliated institutions beyond the jurisdiction of the Board, thereby removing the legal impact of union activities. (SW)
Descriptors: Catholic Schools, Church Related Colleges, Collective Bargaining, College Faculty, Conflict Resolution, Constitutional Law, Court Litigation, Employment, Faculty Organizations, Higher Education, Legal Problems, Religious Conflict, Religious Discrimination, Role Conflict, Unions
Academic Collective Bargaining Information Service, 1818 R Street, N.W., Washington, DC 20009 ($1.00)
Publication Type: Opinion Papers; Information Analyses
Education Level: N/A
Authoring Institution: Academic Collective Bargaining Information Service, Washington, DC.