The Board concluded that the Pacific Lutheran test was fatally flawed, as it required consideration of whether faculty members at religiously affiliated institutions of higher learning are performing a specific religious function. Under the Great Falls test, the Board “must decline to exercise jurisdiction” over faculty at an institution that (a) “holds itself out to students, faculty, and community as providing a religious educational environment” (b) is “organized as a nonprofit” and (c) is “affiliated with, or owned, operated, or controlled, directly or indirectly, by a recognized religious organization, or with an entity, membership of which is determined, at least in part, with reference to religion.” In place of the Pacific Lutheran standard, the Board adopted the jurisdictional test announced by the District of Columbia Circuit in University of Great Falls v. In so doing, the Board overruled the prior jurisdictional standard set forth in Pacific Lutheran University, 361 NLRB 1404 (2014), a test that had been criticized by the United States Court of Appeals for the District of Columbia Circuit as incompatible with Supreme Court precedent. 98, the Board held that it has no jurisdiction over the faculty at religious institutions of higher education. Washington DC - In a decision released today in Bethany College, 369 NLRB No.
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