The NLRB Comes to Campus: An Update on Union Activity at U.S. Institutions of Higher Education

Date(s) of Presentation
Wednesday, March 19, 2014

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Secondary Resources for the Religious Exemption (supplementing Josh Salsburey's presentation):

  • Susan J. Stabile, Blame it on Catholic Bishop:  The Question of NLRB Jurisdiction Over Religious Colleges and Universities, 39 Pepp.L.Rev. 1317 (2013). 
  • Gaylord, Meeuwse, Wiseman and Rinehart, Top Three Takeaways Regarding the NLRB, presented at the National Association of College and University Attorneys 2012 Annual Conference (June 2012).
  •  Amy Moor Gaylord and Terrance Nolan, NLRB Mania:  What Even Non-Unionized College Should Know About the NLRB’s Recent Activities, presented at the National Association of College and University Attorneys 2013 Annual Conference (June 2013).

Program Description

The NLRB is posed to revisit many issues affecting U.S. colleges and universities in ways that will have lasting impact on union activity on campus. Thus, all institutions of higher education should be aware of recent and pending developments in order to stay abreast of these issues.  Join us as a panel of experts from across the U.S. discusses recent union organizing efforts as well as the NLRB's recent activities on campus. They will provide a national perspective and timely updates in the following key areas:

  • The National Labor Relations Board ("NLRB") is revisiting Yeshiva. Learn how this landmark Supreme Court decision, which classifies faculty as members of management, is being reviewed.  This and other recent NLRB activities will be discussed. 
  • Student-athletes? Graduate students? The evolving definition of employees covered by the National Labor Relations Act ("NLRA").
  • Religious or state institution?  Employer “once removed”?  Learn about the increasing uncertainty of exemption from the NLRA and the NLRB's use of joint employer status to assert coverage.  
  • Contingent faculty? An update on adjunct organizing efforts around the country.


  • Anna Elento-Sneed, Alston Hunt Floyd & Ing, Honolulu, HI, Moderator,  
  • Natasha Baker, Hirschfeld Kraemer, San Francisco, CA
  • Peter Jones, Bond Schoeneck & King, Syracuse, NY
  • Mark Mathison , Gray Plant Mooty, Minneapolis, MN
  • Joshua Salsburey, Sturgill, Turner, Barker & Moloney, Lexington, KY