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Argued December 4, 2001

On Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board

The University of Great Falls (“University”) petitions this Court for review of a National Labor Relations Board’s (“NLRB” or “Board”) Decision and Order in an unfair labor practice proceeding against the University. University of Great Falls, 331 N.L.R.B. No. 188 (Aug. 31, 2000) (“Great Falls”). The University argues that it is exempt from NLRB jurisdiction under the doctrine of NLRB v. Catholic Bishop of Chicago, 440 U.S. 490 (1979), and the Religious Freedom Restoration Act, 42 U.S.C. ss 2000bb et seq. (1994). The Board, however, concluded that the University did not “have a ‘substantial religious character,’ ” and asserted jurisdiction. Great Falls, 331 N.L.R.B. No. 188, at 4. Because we agree with petitioner that it is exempt from NLRB jurisdiction under Catholic Bishop, we grant the petition for review, vacate the decision and order, and deny the Board’s cross-petition for enforcement. Because we determine that the NLRB lacks jurisdiction over the University, we do not reach the University’s alternative claim that the Board erred in its determination that the collective bargaining unit included faculty, but not deans, as non-managerial employees.

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