Cardinal Timothy Manning

National Labor Relations Board - Board Decisions

Feb 5, 1980

247 N.L.R.B. 850 (N.L.R.B. 1980)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Cardinal Timothy Manning, Roman Catholic Arch-
bishop of the Archdiocese of Los Angeles, A
Corporation Sole; the Archdiocese of Los Angeles
Education and Welfare Corporation; Archdiocese of
Los Angeles Department of Education; and the
following high schools within the geographical
boundaries of the Archdiocese of Los Angeles:
Bishop Alemany; Bishop Amat; Bishop Montgom-
ery; Bishop Cantwell; Bishop Conaty; Bishop Mora
Salesian; Bishop Garcia Diego; Cathedral; Damien;
Daniel Murphy; Junipero Serra; Our Lady of
Loretto; Paraclete; Pater Noster; Pius X; Regina
Caeli; St. Bernard; St. Bonaventure; St. Joseph
(Lakewood); St. Joseph (Santa Maria); St. Michael;
St. Paul; Santa Clara; and Verbum Dei and
California Federation of Teachers, affiliated with
the American Federation of Teachers, AFL-CIO,
and its affiliated Local 3448, United Catholic
Secondary Teachers Association
The Roman Catholic Bishop of Orange, a Corporation
Sole; Diocese of Orange Education and Welfare
Corporation; Diocese of Orange Department of
Education; and the following high schools within
the geographical boundaries of the Diocese of
Orange: Mater Dei and Rosary and California
Federation of Teachers, affiliated with the Ameri-
can Federation of Teachers, AFL-CIO, and its
affiliated Local 3448, United Catholic Secondary
Teachers Association. Cases 21-CA-14799 and 21-
CA-14807
February 5, 1980
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS JENKINS
AND TRUESDALE
On January 28, 1977, the National Labor Relations
Board issued a Decision and Order in the above-
' 227 NLRB 1621.
'223 NLRB 1218 (1976).
entitled proceeding' in which the Board granted the
General Counsel's and the Union's Motions for
Summary Judgment and ordered, inter alia, that
Respondents bargain, upon request, with the Charging
Party as the exclusive representative of the units found
appropriate. In the underlying representation case,2
the Board had concluded, inter alia, that the Board
had jurisdiction over Respondent's parochial high
schools. Subsequently, on March 21, 1979, the Su-
preme Court issued its opinion in N.L.R.B. v. The
Catholic Bishop of Chicago ' affirming the court of
appeals' ruling denying enforcement of the Board's
Order in that case. Thereafter, on April 23, 1979, the
Board filed with the United States Court of Appeals
for the Ninth Circuit a motion to withdraw the record
in the instant proceeding pending reconsideration by
the Board. On July 26, 1979, the court of appeals
granted the Board's motion and returned the record in
this proceeding to the Board for reconsideration in
light of the Supreme Court's decision in N.L.R.B. v.
The Catholic Bishop of Chicago, supra.
In its opinion in The Catholic Bishop, which
involved a petition for a unit of lay teachers in church-
operated secondary schools, the Supreme Court con-
sidered the issue involved herein, and held that the
Board lacked jurisdiction. Upon reconsideration of
our prior Decision in the instant case, we conclude
that an assertion of jurisdiction here is contrary to the
holding of the Supreme Court. Accordingly, we shall
revoke our prior Decision and Order in this case and
dismiss the complaint in its entirety.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that its prior Decision
and Order in this case be, and it hereby is, revoked
and the complaint herein be, and it hereby is,
dismissed in its entirety.
'440 U.S. 490.
247 NLRB No. 121
850