Summary
In Roman Catholic, the NLRB brought charges of unfair labor practices against, inter alia, the Roman Catholic Diocese of Brooklyn ("Roman Catholic") for failing to recognize and bargain with the lay teachers of St. Leo's School, which was one of 185-190 parish-operated primary schools in the Diocese of Brooklyn. Roman Catholic Diocese of Brooklyn and St. Leo's Parish, and Lay Faculty Ass'n, 221 N.L.R.B. 831, 1975 WL 6503 at *3 (Nov. 26, 1975).
Summary of this case from Gargano v. Diocese of Rockville CentreOpinion
No. 1114, Docket 76-4021.
Argued June 4, 1976.
Decided June 4, 1976.
John D. Burgoyne, Washington, D.C. (John S. Irving, Jr., Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D. C., on the brief), for petitioner.
James A. Flynn, New York City (Jacob Silverman, Lorenz, Finn, Giardino Lambos, New York City, on the brief), for respondents.
Petition for review from National Labor Relations Board.
In opposing this petition for enforcement, the respondents contend, inter alia, that the Board lacked jurisdiction over them under 29 U.S.C. § 160(a). It is conceded that St. Leo's Parish does not have a sufficient impact on commerce to meet the Board's jurisdictional prerequisites. Nevertheless, the Board asserted jurisdiction on the ground that the Roman Catholic Diocese of Brooklyn, over which the Board admittedly has jurisdiction, is a joint employer of the lay teachers in St. Leo's School.
For the reasons set forth in the opinion of the Administrative Law Judge, as modified by the opinion of the Board, ____ N.L.R.B. ___ (1975), we conclude that the Board's jurisdictional finding was proper and that respondents' other arguments are without merit. Accordingly, we enforce the Board's order in its entirety.