Jump directly to the content

Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

The Catholic Bishop Case

Volume 3 . Chapter 8, Part 3 . § 8-12.6
Key Point 8-12.6 In the Catholic Bishop case the United States Supreme Court ruled that the National Labor Relations Act did not apply to churchaffiliated schools. The court applied the following test, known as the Catholic Bishop test: First, determine if the application of the NLRA to a religious organization would give rise to serious constitutional questions under the First Amendment. Second, if a serious constitutional question would arise, then the NLRA cannot be applied without a showing of an "affirmative intention of the Congress clearly expressed" that it does apply. Third, if serious constitutional questions would not arise, then no inquiry is necessary as to whether Congress clearly expressed an intention for the law to apply. This ...

Article Preview

This article is currently available to ChurchLawAndTax.com subscribers only. To continue reading:

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations."

Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.


Safe Hiring Practices for Ministries

Safe Hiring Practices for Ministries

Essential items to consider before you bring new clergy or staff on board.
Church Board Guide to Developing a Risk Management Strategy

Church Board Guide to Developing a Risk Management Strategy

Learn why it is essential your church develop a risk management strategy and how to implement the strategy in your church.