Archdiocese of Philadephia, ETC.

National Labor Relations Board - Board Decisions

Aug 21, 1979

244 N.L.R.B. 553 (N.L.R.B. 1979)

ARCHIDIOC'FS OF PII.IADI.PHIA. TC.
Archdiocese of Philadelphia or, in the alternative,
Archdiocese of Philadelphia and each of 273 Par-
ishes as Joint or Coemployers and Association of
Catholic Teachers Local Union No. 1776, American
Federation of Teachers, AFL-CIO, Petitioner. Case
4 RC- 11987
August 21., 1979
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN FANNING ANt) MEMBERS PENII.I()
AND MURPHY
On January 17, 1977, the National Labor Relations
Board issued a Decision and Direction of Election' in
the above-entitled proceeding finding that it would
effectuate the purposes of the National Labor Rela-
tions Act, as amended, to assert jurisdiction over the
Archdiocese of Philadelphia (hereinafter the Archdio-
cese or the Employer); that a question affecting com-
merce existed concerning the representation of em-
ployees of the Employer within the meaning of
Section 2(6) and (7) and Section 9(c) of the Act: and
that the petitioned-for archdiocesewide unit of lay
teachers in 273 parish elementary schools was appro-
priate for the purposes of collective bargaining. Con-
sequently, the Board directed an election in the ap-
propriate unit.
Thereafter, the Employer filed a motion in the
United States District Court for the Eastern District
of Pennsylvania seeking preliminary and permanent
injunctive relief from the Board's assertion ofjurisdic-
tion over the Employer. On February 17, 1977, the
district court issued a preliminary injunction enjoin-
ing the Board from taking any further administrative
action until the court ruled on the Employer's claims
for permanent relief. On March 3, 1977, the General
Counsel appealed to the United States Court of Ap-
peals for the Third Circuit. On July 7. 1977. the dis-
trict court issued an order permanently enjoining the
Board from asserting jurisdiction or taking adminis-
trative action with respect to the parish elementary
schools of the Archdiocese and the lay teachers em-
ployed therein. Subsequently. on March 21. 1979, the
Supreme Court issued its decision in N.L.R.B. v. The
Catholic Bishop of Chicago, e a/.2 In that case the
Court affirmed a decision of the Seventh Circuit de-
nying enforcement of a bargaining order issued by
the Board against a church-operated Catholic school.)
'227 NL.RB 1178.
2 440 U.S. 490 (1979).
] The Catholic Bishxop td ChicagoR . N LRB., 559 F.2d 1112 (71h Cir
1977). denying enforcement or 224 NLRB 1221 (1976)1.
Thereafter the Board decided. sua .Vonlec to recon-
sider its decision in this proceeding in light of the
Court's opinion in ('atholic Bishop. slrral. Accord-
ingly, the Board filed a motion with the Third Circuit
requesting the court to vacate the order of' the District
Court and to remand the case to the said District
Court with instructions to hold it in abeyance in order
to permit the Board to dismiss the representation pe-
tition in the instant case. On May 10, 1979. the court
granted the Board's motion.
Pursuant to the provisions of Section 3(h) of the
National l abor Relations Act, as amended. the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
Upon reconsideration of the entire record in this
proceeding the Board has decided to vacate its previ-
ous Decision and Direction of' Election in this pro-
ceeding and dismiss the petition filed herein.
As fully detailed in our January 17. 1977. decision
the Archdiocese of Philadelphia is a religious institu-
tion which encompasses 273 private parish elemen-
tary schools. Each of these schools is under the imme-
diate direction of a parish pastor appointed by and
responsible to the archbishop. The archbishop who
holds the supreme legislative, judicial, and persuasive
authority in the Archdiocese, has delegated responsi-
bility for the supervision of the schools to the archdi-
ocesan superintendent of schools. Thus. the schools
are operated by the Archdiocese.
Subsequent to the Board's original decision in this
proceeding, the Supreme Court issued i:s decision in
Catholic Bishop. supra. In its opinion the Court ob-
served that although the respondents therein pressed
their claims under the religion clauses of the first
amendment, it first had to consider, under its tradi-
tional rules of statutory construction. "whether Con-
gress intended the Board to have jurisdiction over
teachers in church-operated schools"4 before reaching
the respondents' constitutional claims. The Court
concluded that the Board did not have jurisdiction
over the respondent on the ground that. "in the ab-
sence of a clear expression of Congress' intent to
bring teachers in church-operated schools within the
jurisdiction of the Board."' it would decline to con-
strue the Act in a manner that would require it to
resolve difficult questions arising out of the guaran-
tees of the religion clauses of the first amendment.
Upon reconsideration of our prior decision in this
proceeding we conclude that our assertion of'jurisdic-
tion over the Employer herein cannot stand because
it is contrary to the holding of the Supreme Court in
Catholic Bishop, supra.
' I. R. B . The (athh- Bsh,?p ( hCaao iq"rh. 441) S. . 494
Id
244 NLRB No. 79
553
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Accordingly. we shall vacate our previous Decision
and Direction of Election and dismiss the petition
filed herein.6
6 In view of our decision herein, we find it unnecessary to pass on the
request of Association of Catholic Teachers Local Union No. 1776, Ameri-
can Federation of Teachers, AFL-CIO (the Petitioner), for withdrawal of
the petition.
ORDER
It is hereby ordered that the Board's Decision and
Direction of Election in Case 4-RC- 11987. reported
at 227 NLRB 1178, be, and it hereby is, vacated.
IT IS FURrHER ORDERED that the petition herein be,
and it hereby is, dismissed.
554