NLRB Hearing Progresses

This week, Duquesne is participating in a hearing before the regional office of the National Labor Relations Board (NLRB) in Pittsburgh regarding the attempt by the Steelworkers to unionize part-time faculty in the McAnulty College of Liberal Arts.

The hearing is drawing support from other Catholic institutions concerned about the possible implications of unlawful government control over a religious institution.

In a message shared with employees on Monday, President Charles J. Dougherty noted, “First and foremost, it is important to recognize that this case is not about the rights of working men and women to organize. Duquesne is committed to the Church’s concern that the dignity of working men and women be respected, and that they have fair pay and safe working conditions.

“This case is about Duquesne’s protection under the First Amendment from an unconstitutional intrusion of government control over us as a religious institution,” Dougherty continued. “The fact that the Steelworkers say that Duquesne’s effort to protect that right ‘is not about God or religion’ fully demonstrates their complete lack of understanding and denial of this University’s religious mission and identity.”

The Association of Catholic Colleges and Universities (ACCU) is supportive of Duquesne’s position, recognizing the potential impact on nearly 200 organization members in the U.S.

“As it has in the past, ACCU attests to the central role that Catholic identity plays at member colleges and universities,” said Dr. Michael Galligan-Stierle, ACCU president. “We support each school’s right, as a religious institution, to make its own decisions regarding employees. Nationwide, many colleges and universities are working through issues related to adjunct faculty unionization—not just Catholic institutions. What is unique to Catholic colleges is that a government entity, the NLRB, has chosen to craft and recraft guidelines that enable it to narrowly define the faith-based identity of a college.

“From the time of their founding, Catholic colleges and universities have maintained a respectful relationship with the U.S. government, which has repeatedly recognized their contributions to the common good,” Galligan-Stierle said. “We are confident that the courts will continue—just as they have many times in the past—to affirm the faith-based nature of Catholic higher education as deemed by the Church and, conversely, deny government’s improper assertion of jurisdiction.”

Duquesne maintains the U.S. Supreme Court principle that the First Amendment is paramount, thus exempting Duquesne from NLRB jurisdiction. “Contrary to what the Steelworkers would have you believe, this case is indeed about religion,” Dougherty said. “We therefore intend to defend and protect our mission as a Catholic, Spiritan institution, which for 137 years has faithfully served God by serving students.”