Legal Opinion
Tressler Lutheran Home for Children, T/a Frostburg Village of Allegany County Nursing Home v. National Labor Relations Board
Court of Appeals for the Third Circuit
Decided April 26, 1982No. 81-1302PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
A nursing home affiliated with the Lutheran Church contends that application of the National Labor Relations Act to it would be a violation of the free exercise clause of the First Amendment. Relying on its own precedents, which cited specific statutory authorization, the Board rejected the jurisdictional challenge. The employer also objected to various union campaign activities, which it contended tainted a representation election at the home. We conclude that the First Amendment defense is not applicable in the circumstances of this case, and that the…
2Cases cited16 opinions
- Califano v. SandersSupreme Court of the United States · 1977
- Lemon v. KurtzmanSupreme Court of the United States · 1971
- Johnson v. RobisonSupreme Court of the United States · 1974
- United States v. LeeSupreme Court of the United States · 1982
- National Labor Relations Board v. Catholic BishopSupreme Court of the United States · 1979
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- National Labor Relations Board v. The Salvation Army of Massachusetts Dorchester Day Care CenterCourt of Appeals for the First Circuit · 1985
- Passavant Retirement & Health Center v. National Labor Relations Board, National Labor Relations Board v. Passavant Retirement & Health CenterCourt of Appeals for the Third Circuit · 1998
- Denver Post of the National Society of the Volunteers of America v. National Labor Relations BoardCourt of Appeals for the Tenth Circuit · 1984
- St. Elizabeth Hospital v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 1983
- Duquesne University v. NLRBCourt of Appeals for the D.C. Circuit · 2020
8 more not listed; retrieve them via the Exa API.