St. Joseph's High School

National Labor Relations Board - Board Decisions

Apr 1, 1980

248 N.L.R.B. 901 (N.L.R.B. 1980)

ST. JOSEPH'S HIGH SCHOOL 901
St. Joseph's High School and Robert Carney. Case
22-CA-7579
April 1, 1980
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND PENELLO
On July 17, 1978, the National Labor Relations
Board issued a Decision and Order in the above-
entitled proceeding' in which the Board adopted
the findings and conclusions of the Administrative
Law Judge as contained in his Decision dated Feb-
ruary 17, 1978, and ordered that Respondent take
the action set forth in the recommended Order of
the Administrative Law Judge. In his Decision, the
Administrative Law Judge concluded, inter alia,
that the Board had jurisdiction over Respondent's
lay teachers. The Board, in its Decision, adopted
the conclusions of the Administrative Law Judge.
On September 18, 1978, the General Counsel filed
with the United States Court of Appeals for the
Third Circuit an application for enforcement of the
Board's Order.
Subsequently, on March 21, 1979, the Supreme
Court of the United States issued its opinion in
N.L.R.B. v. Catholic Bishop of Chicago,2 affirming a
court of appeals' ruling 3 denying enforcement of
the Board's Order in that case.4 On June 1, 1979,
the Third Circuit granted the Board's motion to
withdraw the record in the instant case pending re-
236 NLRB 1623.
2440 US. 490.
3 Catholic Bishop of Chicago v. NL.R.B., 559 F.2d 1112 (7th Cir. 1977).
4224 NLRB 1221 (1976)
248 NLRB No. 123
consideration by the Board in light of Catholic
Bishop. Thereafter, the Board's Executive Secre-
tary, at the direction of the Board, issued notice 5
directing that the parties show cause why the
Board's previous decision should not be vacated
and the complaint dismissed in its entirety in light
of Catholic Bishop. Responses to the Notice To
Show Cause have been received from Respondent
and counsel for the General Counsel.
In their responses, Respondent and counsel for
the General Counsel agree that in light of Catholic
Bishop and our decision in Gordon Technical High
School, Directed by the Congregation of the Resurrec-
tion6 our previous assertion of jurisdiction over Re-
spondent cannot stand, and further agree that our
previous Decision and Order in this proceeding
should be vacated and the underlying complaint be
dismissed in its entirety.
Upon reconsideration of our prior decision in
this proceeding, and upon consideration of the re-
sponses to the Notice To Show Cause, we con-
clude that our assertion of jurisdiction over Re-
spondent herein cannot stand because it is contrary
to the holding of the Supreme Court in Catholic
Bishop. Accordingly, we shall vacate our previous
Decision and Order and dismiss the complaint in its
entirety.
ORDER
It is hereby ordered that the Board's Decision
and Order reported at 236 NLRB 1623 be, and it
hereby is, vacated.
IT IS FURTHER ORDERED that the complaint
herein be, and it hereby is, dismissed in its entirety.
5 Not reported in bound volumes of Board Decisions.
6243 NLRB No. 124 (1979).
ST. JOSEPH'S IGH SCHOOL 01