Volunteers of America, Los Angeles, Petitioner/cross/respondent v. National Labor Relations Board, Respondent/cross/petitioner

The Volunteers of America of Los Angeles (“VOA”) is charged by the National Labor Relations Board (“Board”) with violating sections 8(a)(1) and (5), 29 U.S.C. §§ 158 (a)(1) and (5) (1982), of the National Labor Relations Act (“Act”). VOA contends that the Board erred in asserting jurisdiction over the VOA. The Board rejected the jurisdictional challenge and ordered VOA to bargain with the union. Volunteers of America, 272 NLRB No. 38 (1984). We conclude that the Board’s exercise of jurisdiction was proper.

FACTS AND PROCEEDINGS BELOW

The VOA is a non-profit, religious and charitable organization. The church has ordained ministers, conducts religious services, practices traditional Christian cardinal doctrines, sacraments and prayers, and operates missions and service programs for the needy. The VOA has been held to be a bona fide church by all applicable federal and state agencies. The church’s purpose is “to reach and up-lift the most needy members of society and to bring them to the immediate knowledge and active service of God.”

At issue in this case is VOA’s Alcoholism Services Division which operates a detoxification unit in downtown Los Angeles and a resident recovery…