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Invitations to File Briefs

The National Labor Relations Board occasionally invites the public to file amicus briefs in cases of significance or high interest. Listed below are current and recent invitations - each with a short description of the issues involved and filing deadlines. Briefs should be filed with the Office of the Executive Secretary; contact information is provided in the text of each invitation.

» An archive of previous invitations and briefs can be found here.

Pacific Lutheran University

The National Labor Relations Board is inviting briefs from interested parties on two questions:  whether a religiously-affiliated university is subject to the Board’s jurisdiction, and whether certain university faculty members seeking to be represented by a union are employees covered by the National Labor Relations Act or excluded managerial employees.  The case is Pacific Lutheran University (19-RC-102521).  The Union seeks to represent a unit of all non-tenure-eligible contingent faculty members who work a certain number of hours.  The University argues that the Board lacks jurisdiction because the University is a religiously-operated institution that is not subject to the Act, and that certain faculty in the petitioned-for unit are managers.  In its invitation, the Board listed three questions to be addressed concerning jurisdiction, including what test the Board should apply under NLRB v. Catholic Bishop, 440 U.S. 490 (1979), to determine whether self-identified “religiously affiliated educational institutions” are exempt from the Board’s jurisdiction, and what factors the Board should consider in determining the appropriate standard for evaluating jurisdiction under that case.  The Board listed nine questions that the briefs should address concerning the standard for determining managerial status under NLRB v. Yeshiva University, 444 U.S. 672 (1980).  The parties and interested amici are invited to file briefs on or before March 28, 2014.  Click here to view the Notice and Invitation to File Briefs for more information. In accordance with section 102.114 of the Board's Rules and Regulations, parties and amici must serve briefs on case participants. Click here for a list of case participants.
 

Babcock & Wilcox

The National Labor Relations Board is inviting briefs on whether the Board should change the existing standard for determining when the Board should defer to an arbitration award, which is set forth in Spielberg Mfg. Co., 112 NLRB 1080 (1955), and Olin Corp., 268 NLRB 573 (1984).  The General Counsel asks the Board to adopt a different standard.  In its Notice and Invitation to File Briefs, the Board lists four questions that the briefs should address, and invited submissions of empirical and other evidence.  The case is Babcock & Wilcox Construction Co., Inc., 28-CA-022625.  The parties and interested amici are invited to file briefs on or before March 25, 2014.  Click here to view the Notice and Invitation to File Briefs for more information. In accordance with section 102.114 of the Board's Rules and Regulations, parties and amici must serve briefs on case participants. Click here for a list of case participants.

 

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