Changing Landscape for Labor Unions at Academic Institutions

This client alert is a report on the National Labor Relations Board's (NLRB) decision regarding Pacific Lutheran University, which has significant implications for labor unions in academic institutions. The NLRB's ruling revisits the standards for asserting jurisdiction over religiously affiliated universities and the classification of faculty members as managerial employees under the National Labor Relations Act. The case arose when a local union sought to organize adjunct faculty at Pacific Lutheran University, which the university contested based on its religious affiliation. The NLRB ultimately rejected the university's arguments, asserting jurisdiction and allowing the counting of impounded election ballots. The report outlines the NLRB's new standards for determining whether faculty members perform a religious function and its implications for unionization efforts at religious institutions. It also discusses the potential impact on non-religious universities, highlighting the increased likelihood of union organizing activities targeting adjunct faculty. The NLRB's decision represents a recalibration of the legal landscape for labor relations in higher education.