United States DC Circuit

Under the U.S. Supreme Court's decision in Catholic Bishop, the NLRB lacks jurisdiction over petitioner, whose organization is religiously operated, and the First Amendment prevents the Board from applying its own "substantial religious character" test that would enable it to probe petitioner's "religious mission."

Appellate Information

• Argued 12/04/2001
• Decided 02/12/2002
• Published 02/12/2002

Judges

• Before:  SENTELLE and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Nicholas Trott Long argued the cause and filed the briefs for petitioner., Gene C. Schaerr argued the cause for amici curiae Association of Southern Baptist Colleges and Schools, et al., in support of petitioner.   With him on the brief were James D. Jordan, Nicholas P. Miller, Joshua N. Schopf and Jeffrey A. Berman., J.C. Weingartner and David J. Strom were on the brief for intervenor.


• For Appellees:
  
• David A. Seid, Attorney, National Labor Relations Board, argued the cause for respondent.   With him on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and David Habenstreit, Supervisory Attorney.