Volunteers of America

National Labor Relations Board - Unpublished Board DecisionsAug 12, 2010

02-RC-023489 (N.L.R.B. Aug. 12, 2010)

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD VOLUNTEEERS OF AMERICA GREATER NEW YORK, INC. Employer and Cases 2-RC-23489 2-RC-23490 and 2-RC-23491 COMMUNITY AND SOCIAL AGENCY EMPLOYEES UNION, DISTRICT COUNSEL 1707, AFSCME, AFL-CIO Petitioner ORDER Employer's request for review of the Regional Director's Decision and Direction of Election is denied as it raises no substantial issues warranting review. I Employer's request to postpone the election is therefore moot. WILMA B. LIEBMAN, CHAIRMAN MARK GASTON PEARCE, MEMBER BRIAN E. HAYES, MEMBER Dated, Washington, D.C., August 12, 2010. We have been administratively advised by the Region that the Petitioner's showing of interest is sufficient. In denying review, the Board points out that even assuming the University of Great Falls v. NLRB, 278 F. 3d 1335, 1343 (D.C. Cir. 2002), governs the exercise of the Board's jurisdiction over religiously affiliated educational institutions, we nonetheless would find it appropriate to assert jurisdiction here. The function involved in this case, providing social services to clients at transitional residencies, is not religious education, and the petitioned-for employees are not teachers. We find that the sensitive issues raised by the Board's assertion of jurisdiction over religiously affiliated educational institutions are not present in this case. See Salvation Army, 345 NLRB 550 (2005).