NLRB Determinations Regarding NLRA Coverage of Housekeeping versus Theology Faculty at Religious Universities

In Saint Xavier University, 365 NLRB No. 54 (April 6, 2017), the National Labor Relations Board found that housekeepers of a self-identified religious educational institution are within the Board’s jurisdiction. The Board applied Hanna Boys Center, 284 NLRB 1080 (1987), finding that non-teaching employees of religious institutions or nonprofit religious organizations will be covered unless their actual duties and responsibilities require them to perform a specific role in fulfilling the religious mission of the institution. This is in contrast to the Board’s finding that faculty employees in Theology and Religious Studies Department and in its School of Theology and Ministry are NOT covered because the University holds those employees out “as performing a specific role in creating and maintaining the school’s religious educational environment.” See Seattle University, 364 NLRB No. 84 (August 23, 2016).