nlrb catholic bishop chicago argued october decided march national labor relations board nlrb certified unions bargaining agents lay teachers schools operated respondents refused recognize bargain unions nlrb issued orders respondents holding properly assumed jurisdiction schools exercise jurisdiction asserted line policy declining jurisdiction schools completely religious religiously associated found case schools taught secular well religious subjects respondents challenges nlrb orders appeals denied enforcement holding nlrb standard failed provide workable guide exercise discretion nlrb assumption jurisdiction foreclosed religion clauses first amendment held schools operated church teach religious secular subjects within jurisdiction granted national labor relations act nlrb therefore without authority issue orders respondents pp significant risk infringement religion clauses first amendment act conferred jurisdiction schools cf lemon kurtzman pp neither language statute legislative history discloses affirmative intention congress schools within nlrb jurisdiction absent clear expression congress intent bring teachers schools within nlrb jurisdiction construe act way call resolution difficult sensitive first amendment questions pp burger delivered opinion stewart powell rehnquist stevens joined brennan filed dissenting opinion white marshall blackmun joined post solicitor general mccree argued cause petitioner briefs kenneth geller john irving carl taylor norton come carol de deo reuben argued cause respondents brief lawrence gunnels james serritella james klenk jerome albert woll laurence gold filed brief american federation labor congress industrial organizations amicus curiae urging reversal briefs amici curiae urging affirmance filed leo pfeffer earl trent baptist joint committee public affairs thomas stephen neuberger center law religious freedom christian legal society warren johns walter carson lee boothby robert hickey general conference adventists david goldberger barbara roger baldwin foundation american civil liberties union illinois division briefs amici curiae filed lawrence poltrock bruce endy american federation teachers sharp whitmore certain catholic high schools archdiocese los angeles diocese orange george reed patrick geary catholic conference chief justice burger delivered opinion case arises national labor relations board exercise jurisdiction lay faculty members two groups catholic high schools granted certiorari consider two questions whether teachers schools operated church teach religious secular subjects within jurisdiction granted national labor relations act act authorizes jurisdiction exercise violate guarantees religion clauses first amendment one group schools operated catholic bishop chicago corporation sole group operated diocese fort bend inc group operated catholic bishop chicago consists two schools quigley north quigley south schools termed minor seminaries role educating high school students may become priests one time students manifested positive confirmed desire priests admitted quigley schools requirement changed students admitted schools need show definite inclination toward priesthood students need recommended parish priest potential priesthood christian leadership schools continue provide special religious instruction offered catholic secondary schools quigley schools also offer essentially curriculum public secondary schools students participate variety extracurricular activities include secular well religious events schools recognized state accredited regional educational organization diocese fort bend five high schools unlike quigley schools special recommendation priest prerequisite admission like quigley schools however high schools seek provide traditional secular education oriented tenets roman catholic faith religious training also mandatory schools similarly certified state separate representation petitions filed board interested union organizations quigley fort bend schools representation sought lay teachers schools challenged assertion jurisdiction two grounds fall within board discretionary jurisdictional criteria religion clauses first amendment preclude board jurisdiction board rejected jurisdictional arguments basis decision roman catholic archdiocese baltimore board explained policy decline jurisdiction religiously sponsored organizations completely religious religiously associated neither group schools found fall within board completely religious category board ordered elections catholic bishop chicago election quigley schools quigley education alliance union affiliated illinois education association prevailed certified exclusive bargaining representative lay teachers diocese fort bend community alliance teachers catholic high schools similar union organization prevailed certified representative approximately lay teachers notwithstanding board order schools declined recognize unions bargain unions filed unfair labor practice complaints board national labor relations act stat amended schools opposed general counsel motion summary judgment challenging board exercise jurisdiction religious schools statutory constitutional grounds board reviewed record previous proceedings concluded arguments raised raised earlier proceedings since arguments rejected previously board granted summary judgment holding properly exercised statutory discretion asserting jurisdiction schools board concluded schools violated act ordered cease unfair labor practices bargain collectively unions catholic bishop chicago diocese fort bend ii schools challenged board orders petitions appeals seventh circuit denied enforcement board orders considered board actions relation discretion choosing extend jurisdiction religiously affiliated schools completely religious concluded board properly exercised discretion board distinction completely religious merely religiously associated failed provide workable guide exercise discretion find standard simplistic black white purported rule containing borderline demarcation completely religious takes hand ceases opinion dichotomous completely religious merely religiously associated standard provides workable guide exercise discretion determination institution completely religious entity exclude viable secular components obviously implicates sensitive questions faith tradition see wisconsin yoder point factual inquiry courts agencies matters separating secular religious training almost necessarily raise first amendment problems history demonstrates roman catholics founded alternative school system essentially religious reasons continued maintain integral part religious mission catholic church lemon kurtzman courts agencies hard pressed take official judicial notice purposes undermined eviscerated determination offer secular subjects mathematics physics chemistry english literature ibid iii board assertion jurisdiction private schools noted earlier relatively recent development indeed board indicated exercise jurisdiction nonprofit educational institutions effectuate purposes act trustees columbia university city new york however board pointed saw increased involvement commerce educational institutions concluded required different position jurisdiction cornell university board overruled columbia university decision cornell university followed assertion jurisdiction nonprofit private secondary schools shattuck school see also judson school board asserts jurisdiction private nonprofit educational institutions gross annual revenues meet jurisdictional requirements whether secular religious cfr see academia san jorge advisory opinion stating board assert jurisdiction catholic educational institution meet jurisdictional standards windsor school declining jurisdiction private proprietary school meet jurisdictional amounts broad assertion jurisdiction gone unchallenged board rejected contention religion clauses first amendment bar extension jurisdiction schools board declined exercise jurisdiction done grounds employer minimal impact commerce thus association hebrew teachers metropolitan detroit board assert jurisdiction association offered courses jewish culture classes nursery school college board termed association isolated instance atypical employer explained whether employer falls within given class enterprise depends upon activities predominant give employing enterprise character fact employer activity dedicated sectarian religious purpose sufficient reason board refrain asserting jurisdiction cf board jewish education greater washington year board asserted jurisdiction association chartered state new york operate diocesan high schools henry hald high school rejected argument assertion jurisdiction produce excessive governmental entanglement religion board view association chosen entangle secular world decided hire lay teachers ordered election lay professional employees five parochial high schools baltimore board reiterated belief exercise jurisdiction contrary first amendment board policy past decline jurisdiction similar institutions completely religious religiously associated archdiocese concedes instruction limited religious subjects archdiocese seeks provide education based christian principles lead contrary conclusion religiously associated institutions seek operate conformity religious tenets roman catholic archdiocese baltimore board thus recognizes assertion jurisdiction teachers religious schools constitutes degree intrusion administration affairs schools implicit board distinction schools completely religious religiously associated also acknowledgment degree entanglement distinction measured school involvement commerce however religious association clear board never envisioned sort religious litmus test determining assert jurisdiction nevertheless expressing traditional jurisdictional standards first amendment terms board plainly recognized intrusion area run afoul religion clauses hence preclude jurisdiction constitutional grounds iv constitutional limitations board actions repeatedly recognized even acknowledging broad scope grant jurisdiction first amendment course limitation power congress thus conclude act granted challenged jurisdiction teachers required decide whether constitutionally permissible religion clauses first amendment although respondents press claims religion clauses question consider first whether congress intended board jurisdiction teachers schools number cases heeded essence chief justice marshall admonition murray charming betsy cranch holding act congress construed violate constitution possible construction remains available moreover followed policy interpretation act us related statutes machinists street example considered claims serious first amendment questions arise railway labor act construed allow compulsory union dues used support political candidates causes approved members looked language act legislative history concluded permit union dues used political purposes thus avoiding serious doubt act constitutionality similarly mcculloch sociedad nacional de marineros de honduras case involving board assertion jurisdiction foreign seamen declined read national labor relations act give rise serious question separation powers turn implicated sensitive issues authority executive relations foreign nations international implications case led describe involving public questions particularly high scale national interest questions held sanctioning board exercise jurisdiction must present affirmative intention congress clearly expressed quoting benz compania naviera hidalgo values enshrined first amendment plainly rank high scale national values keeping prudential policy incumbent us determine whether board exercise jurisdiction give rise serious constitutional questions must first identify affirmative intention congress clearly expressed concluding act grants jurisdiction recent decisions involving aid parochial schools recognized critical unique role teacher fulfilling mission school said schools lemon kurtzman true schools case religious authority necessarily pervades school system key role played teachers school system predicate conclusions governmental aid channeled teachers creates impermissible risk excessive governmental entanglement affairs schools example lemon supra wrote terms potential involving aspect faith morals secular subjects textbook content ascertainable teacher handling subject ignore danger teacher religious control discipline poses separation religious purely secular aspects education conflict functions inheres situation emphasis added board argues avoid excessive entanglement since resolve factual issues whether animus motivated employer action stage consideration compelled determine whether entanglement excessive considering constitutional issue rather make narrow inquiry whether exercise board jurisdiction presents significant risk first amendment infringed moreover already clear board actions go beyond resolving factual issues appeals opinion refers charges unfair labor practices filed religious schools observed cases schools responded challenged actions mandated religious creeds resolution charges board many instances necessarily involve inquiry good faith position asserted relationship school religious mission conclusions may reached board may impinge rights guaranteed religion clauses also process inquiry leading findings conclusions board exercise jurisdiction least one impact schools board called upon decide terms conditions employment therefore mandatory subjects bargaining see although board interpreted phrase relates educational institutions similar state provisions provide insight effect mandatory bargaining oregon appeals noted nearly everything goes schools affects teachers therefore arguably condition employment springfield education assn springfield school dist app pennsylvania aptly summarized effect mandatory bargaining observed introduction concept mandatory collective bargaining regardless narrowly scope negotiation defined necessarily represents encroachment upon former autonomous position management pennsylvania labor relations board state college area school cf clark county school dist local government relations board see lieberman moskow collective negotiations teachers inevitably board inquiry implicate sensitive issues open door conflicts board conflicts negotiators unions said lemon supra applies well arochial schools involve substantial religious activity purpose substantial religious character schools gives rise entangling relationships kind religion clauses sought avoid omitted relationship school differs employment relationship public nonreligious school see escape conflicts flowing board exercise jurisdiction teachers schools consequent serious first amendment questions follow therefore turn examination national labor relations act decide whether must read confer jurisdiction turn require decision constitutional claims raised respondents vi clear expression affirmative intention congress teachers schools covered act admittedly congress defined board jurisdiction broad terms must therefore examine legislative history act determine whether congress contemplated grant jurisdiction include teachers schools enacting national labor relations act congress sought protect right american workers bargain collectively concern repeated throughout debates need assure workers right organize counterbalance collective activities employers authorized national industrial recovery act congressional attention focused employment private industry industrial recovery see cong rec remarks wagner national labor relations board legislative history national labor relations act pp examination statute legislative history indicates congress simply gave consideration schools without significance however senate committee education labor chose college professor dispute college example relations covered act legislative history supra congress next major consideration jurisdiction board came passage labor management relations act act act congress amended definition employer original act exclude nonprofit hospitals stat discussion scope board jurisdiction consensus nonprofit institutions general fall within board jurisdiction affect commerce see sess national labor relations board legislative history labor management relations act hereinafter leg hist leg hist conf leg hist cong rec leg hist remarks sens tydings taft recent significant amendment act passed removing exemption nonprofit hospitals pub stat board relies upon amendment showing congress approved board exercise jurisdiction schools close examination legislative history however reveals nothing indicate affirmative intention schools within board jurisdiction since board assert jurisdiction teachers school amendment nothing history amendment read reflecting congress tacit approval board action debate expressions concern effect bill employees religious hospitals whose religious beliefs permit join union cong rec legislative history coverage nonprofit hospitals national labor relations act remarks ervin erlenborn result concerns amendment reflects congressional sensitivity first amendment guarantees employee health care institution member adheres established traditional tenets teachings bona fide religion body sect historically held conscientious objections joining financially supporting labor organizations shall required join financially support labor organization condition employment except employee may required lieu periodic dues initiation fees pay sums equal dues initiation fees nonreligious charitable fund exempt taxation section title chosen employee list least three funds designated contract institution labor organization contract fails designate funds fund chosen employee board relies heavily upon associated press nlrb held first amendment bar application act associated press organization engaged collecting information news throughout world distributing members perceiving nothing suggest application act infringe first amendment guarantees press freedoms sustained board jurisdiction contrary record affords abundant evidence board exercise jurisdiction teachers schools implicate guarantees religion clauses accordingly absence clear expression congress intent bring teachers schools within jurisdiction board decline construe act manner turn call upon resolve difficult sensitive questions arising guarantees first amendment religion clauses affirmed appendix opinion think first problem defining liturgies word many definitions want go believe defined correct first testified sure let try briefly okay yes liturgy range anywhere strictest sense word sacrifice mass roman catholic terminology go way informal group call shared prayer two three individuals praying together reflecting reactions scriptural reading big spectrum two extremes popularly referred liturgies see possibly repeating question give idea spectrum respond accurately well let us stick formal masses know many masses required catholic parochial high schools none none required two three year call holy days obligation coincide school days schools days prefer mass within school day students attend rather parish churches schools feel good idea always parish church varies great deal school school footnotes explained board hearing officer illinois term approval distinct recognition school may operate must approved state department education approval given school meets minimal requirements state law compulsory attendance approval require evaluation school program recognition required operate given school passed state evaluation diocese also elementary schools involved proceedings board explained board hearing officer certification state indiana roughly equivalent recognition state illinois voluntary procedures involve evaluation state educational authorities certification order cover regular lay teachers including physical education teachers excluding rectors procurators dean studies business manager director student activities director formation director counseling services office clerical employees maintenance employees cafeteria workers watchmen librarians nurses religious faculty guards supervisors defined act catholic bishop chicago decision concerning diocese fort bend reported board relied reasoning cardinal timothy manning roman catholic archbishop archdiocese los angeles also agree schools religious institutions intimately involved catholic church heretofore board policy decline jurisdiction institutions completely religious religiously associated roman catholic archdiocese baltimore archdiocesan high schools nlrb schools perform part secular function educating children part concern religious instruction therefore decline assert jurisdiction schools basis cf caulfield hirsch lrrm ed enjoining board asserting jurisdiction elementary schools archdiocese philadelphia case presently review appeals third circuit see app pet cert caulfield hirsch cert denied board went explain rights guaranteed act part national heritage established congress legitimate exercise congress constitutional power kind inquiry sensitivity illustrated examination monsignor rector quigley north board hearing officer reproduced appendix opinion national labor relations act amended congress passed reporting disclosure act stat act made changes definition employer legislative history contains reference schools see generally national labor relations board legislative history reporting disclosure act justice brennan justice white justice marshall justice blackmun join dissenting today holds coverage national labor relations act extend lay teachers employed schools construction plainly wrong light act language legislative history precedents justified solely basis canon statutory construction seemingly invented purpose deciding case dissent general principle construing statutes avoid unnecessary constitutional decisions salutary one governing canon however expressed today requires clear expression affirmative intention congress bring within coverage broadly worded regulatory statute certain persons whose coverage might raise constitutional questions ante familiar legislative process know explicit expressions congressional intent broadly inclusive statutes commonplace thus strictly loosely applying requirement virtually remake congressional enactments flouts chief justice taft admonition amendment may substituted construction may exercise legislative functions save law conflict constitutional limitation yu cong eng trinidad see aptheker secretary state jay boyd shapiro sullivan hopkins savings assn cleary settled canon construing statutes wherein constitutional questions may lurk stated machinists street cited ante validity act congress drawn question even serious doubt constitutionality raised cardinal principle first ascertain whether construction statute fairly possible question may avoided crowell benson emphasis added ii interpretation national labor relations act announced today fairly possible act wording legislative history precedents leave intention congress revealed distinctly permit us ignore mere misgivings power moore ice cream rose supra section act defines employer person acting agent employer directly indirectly shall include wholly owned government corporation federal reserve bank state political subdivision thereof person subject railway labor act amended time time labor organization acting employer anyone acting capacity officer agent labor organization emphasis added pertinent legislative history nlra begins wagner act stat section act identical relevant respects current section excluded coverage neither schools private nonprofit organization accordingly applying act national labor relations board recognize exception nonprofit employers even religiously associated argument implied nonprofit exemption rejected design act clear either charitable institutions employees exempted operation act terms although certain employers employees exempted central dispensary emergency hospital footnotes omitted enf app lower courts concurred board construction see polish national alliance nlrb associated press nlrb nlrb central dispensary emergency hospital app hartley bill passed house representatives provided exception today writes statute term employer shall include corporation community chest fund foundation organized operated exclusively religious charitable scientific literary educational purposes part net earnings inures benefit private shareholder individual emphasis added apr reprinted national labor relations board legislative history labor management relations act pp hereinafter leg even limited exemption ultimately repealed pub stat congress confirmed view act expressed intended cover employers including nonprofit employers unless expressly excluded amendment excluded nonprofit hospitals see reprinted senate committee labor public welfare legislative history coverage nonprofit hospitals national labor relations act comm print hereafter leg hist cong rec leg hist williams cong rec leg hist ashbrook moreover significant considering amendments senate expressly rejected amendment proposed senator ervin analogous one today creates amendment exempt nonprofit hospitals operated religious groups cong rec leg hist senator cranston floor manager senate committee bill primary opponent proposed religious exception explained uch exception religiously affiliated hospitals seriously erode existing national policy holds religiously affiliated institutions generally proprietary nursing homes residential communities educational facilities standards nonsectarian counterparts cong rec leg hist emphasis added construing board jurisdiction exclude schools therefore today faithful neither statute language history moreover also untrue precedents consistently declared passing national labor relations act congress intended vest board fullest jurisdictional breadth constitutionally permissible commerce clause see guss utah labor board polish alliance labor board labor board fainblatt nlrb reliance fuel oil emphasis original long employer within reach congress power commerce clause one doubts respondents held covered act regardless nature activity see polish national alliance nlrb nonprofit fraternal organization indeed associated press nlrb construed act cover editorial employees nonprofit organization despite claim precisely parallel made inclusion rendered act violation first amendment today opinion simply unable explain grounds distinguish case one thus available authority indicates congress intended include exclude lay teachers schools counter evidence congress intend exception never stated instead despite legislative history contrary construes act excluding lay teachers congress state explicitly covered justice cardozo words presses avoidance difficulty point disingenuous evasion moore ice cream rose iii view nlra includes within coverage lay teachers employed schools constitutional questions presented reached see sierra club morton brennan dissenting repeat emphasis however resolution constitutional question without difficulty irresponsible avoid cavalier exercise statutory interpretation succeeds defying congressional intent statute nose wax changed plain language imports yu cong eng trinidad new canon derives statement must present affirmative intention congress clearly expressed mcculloch sociedad nacional de marineros de honduras reliance upon case clearly misplaced question mcculloch whether national labor relations act extended foreign seamen working aboard vessels question constitutional power congress cover foreign crews presented indeed parties agreed congress constitutionally empowered reach foreign seamen involved american waters question whether congress intended mcculloch held congress meant reach disputes foreign shipowners foreign crews mcculloch however turn simply upon absence affirmative evidence congress wanted reach alien seamen rather upon fact prior case already held legislative history inescapably describe boundaries act including workingmen country possessions quoting benz compania naviera hidalgo also noted rules international law law flag state ordinarily governs internal affairs ship see wildenhus case light contrary legislative history domestic international precedent surprising mcculloch balked holding foreign seamen covered without strong affirmative showing congressional intent today admits contrary legislative history precedent respect jurisdiction schools ante mcculloch statement therefore role play case street construed railway labor act permitting use employee compulsorily union dues political causes disagreed mcculloch see supra held absence affirmative evidence congress mean permit uses rather language history act indicated affirmatively congress mean permit constitutionally questionable practices see section stat stated term employer includes person acting interest employer directly indirectly shall include state political subdivision thereof person subject railway labor act amended time time labor organization acting employer anyone acting capacity officer agent labor organization see christian board publication enf american medical central dispensary emergency hospital enf app henry ford trade school polish national alliance enf aff associated press enf aff unpublished decisions board also exercised jurisdiction ywca welfare recreational association see central dispensary emergency hospital number reasons offered rejection hartley bill exception congressmen strongly opposed exception see cong rec remarks klein opposed additional exceptions board jurisdiction see remarks taft thought unnecessary see conf leg hist see generally nlrb wentworth institute erhaps obvious interpretation rejection house exclusion congress meant include nonprofit organizations within scope act sherman black labor board private nonprofit employer critical examination board worthy cause exemption harv rev whatever reasons clear amendment similar made today proposed rejected board contemporaneous construction amendment nonprofit hospitals intended exempt example asserting jurisdiction nonprofit religious organization board stated employer asserts nonprofit organization engaged purely religious activities engaged commerce within meaning act find merit contention board courts held immaterial employer may nonprofit organization activities may motivated considerations applicable enterprises generally accepted sense commercial sunday school board southern baptist convention true trustees columbia university board indicated exercise jurisdiction nonprofit educational institutions expressly matter discretion affirming activities university come within act board jurisdiction discretionary decision undermine validity board determination cornell university changing conditions particularly increasing impact institutions interstate commerce required change policy leading renewed exercise board jurisdiction emphasized nlrb weingarten hold board earlier decisions froze development important aspect national labor law misconceive nature administrative decisionmaking cumulative experience begets understanding insight judgments validated qualified invalidated constant process trial error wider fuller scale single adversary litigation permits differentiates perhaps anything else administrative judicial process nlrb house report stated currently broad area charitable eleemosynary educational institutions wherein board exercise jurisdiction concerns nonprofit hospitals explicitly excluded section act bill removes existing exemption section act restores employees nonprofit hospitals rights protections enjoyed employees proprietary hospitals employees leg hist similarly senator williams chairman senate committee labor public welfare criticized exemption inconsistent protection enjoyed proprietary hospitals types health care institutions also inconsistent coverage nonprofit activities cong rec leg hist see also cong rec leg hist ashbrook relies upon fact amendments provided ny employee health care institution member bona fide religion historically held conscientious objections joining labor organizations shall required join labor organization condition employment emphasis added course irrelevant instant case employee alleged required join union religious principles even respondent employers contend collective bargaining contrary religious beliefs recognizing limited inference amendment proposition reflects congressional sensitivity first amendment guarantees ante quite true usefulness support opinion completely negated rejection ervin amendment see text supra makes clear balance struck congress congress agreed exclude conscientiously objecting employees expressly refused sanction exclusion religiously affiliated employers associated press stated employer argument follows conclusion petitioner draws whatever may case respect employees mechanical departments must absolute unrestricted freedom employ discharge like watson edit news must slightest opportunity bias prejudice personally entertained editorial employee color distort writes associated press free furnish unbiased impartial news reports unless equally free determine partiality bias editorial employees said regulation protective union activities right collectively bargain part employees necessarily invalid invasion freedom press distinguish associated press ground erceiv ed nothing suggest application act infringe first amendment guarantees ere contrary record affords abundant evidence board exercise jurisdiction implicate guarantees religion clauses ante mere assertion explain press first amendment problem associated press less substantial schools first amendment challenge point fact problems raised precisely difficulty therefore square judicial reconstruction act case refusal rewrite act associated press even redrafting statute causes first amendment problems disappear opinion implies limitation exception schools limitation doubtless necessary since already rejected general exception nonprofit organizations see polish national alliance nlrb exemption available schools generates possible establishment clause question walz tax put question rest upholding property tax exemption churches issue emphasized new york singled churches rather granted exemption houses religious worship within broad class property owned nonprofit corporations like stage consideration compelled determine whether establishment clause problem significant considering constitutional issue ante enough observe matter way turns interpreting act avoid constitutional questions