Islamic Saudi Academy

National Labor Relations Board - Unpublished Board Decisions

Feb 26, 2015

05-RC-080474 (N.L.R.B. Feb. 26, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ISLAMIC SAUDI ACADEMY
Employer
and Case 05-RC-080474
ISLAMIC SAUDI ACADEMY EMPLOYEE
PROFESSIONAL ASSOCIATION (ISAEPA)
Petitioner
ORDER
On August 17, 2012, the Board issued an Order granting the parties’ Requests for Review
of the Regional Director’s Decision and Direction of Election solely with regard to whether the
Board has jurisdiction over the petitioned-for teacher and non-teacher employees. On December
16, 2014, the Board issued its decision in Pacific Lutheran University, 361 NLRB No. 157,
which addressed, among other things, the standard the Board will apply for determining, in
accordance with NLRB v. Catholic Bishop of Chicago, 440 U.S. 490 (1979), when we should
decline to exercise jurisdiction over faculty members at self-identified religious colleges and
universities.
At the time of the Board’s Order, the composition of the Board included persons whose
appointments were challenged as constitutionally infirm, one of whom participated in the case.
On June 26, 2014, the United States Supreme Court issued its decision in NLRB v. Noel Canning,
134 S. Ct. 2550 (2014), holding that the challenged appointments to the Board were not valid. In
view of that decision, we vacate the Order that issued on August 17, 2012. We remand the
question whether the Board has jurisdiction over the petitioned-for teacher and non-teacher
employees1 to the Regional Director for further appropriate action consistent with Pacific
Lutheran University.2
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
HARRY I. JOHNSON, III, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., February 26, 2015.

1 The August 17, 2012 Order, vacated today, denied review on the issue of whether the Board lacks
jurisdiction over the Employer because it is an instrumentality of a foreign government under the Foreign
Sovereign Immunities Act (FSIA). That issue is severed and retained for further consideration.
2 Members Miscimarra and Johnson adhere to their dissenting views in Pacific Lutheran University.
Nevertheless, they agree with their colleagues that a remand is appropriate.