National Labor Relations Board, and Social Services Union Local 535 Seiu, Afl-Cio, Intervenor v. Hanna Boys Center

Hanna Boys Center appeals the National Labor Relation Board’s order requiring Hanna to bargain with Social Services Union Local 535 of the Service Employees International Union. Hanna contends that the National Labor Relations Act does not confer jurisdiction over Hanna on the Board, or, if it does, that the exercise of such jurisdiction violates the religion clauses of the first amendment. Hanna also objects to the Board’s delay of over six years in reviewing Hanna’s appeal of the decision to assert jurisdiction, and the Board’s refusal, in light of that delay, to reopen its certification determination to receive evidence of current facts. We affirm.

BACKGROUND

This appeal arises out of the Union’s protracted and vigorously contested attempt to represent certain lay non-faculty employees of Hanna, a residential school for boys that is owned and, arguably, operated by the Roman Catholic Church. The Union has intervened in this appeal. The parties dispute the degree of control and supervision exercised by the Church and the degree to which religion suffuses thq school’s mission. They also dispute the degree to which religion affects the duties of the employees that are the…