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Module 6 Cases - 4.1 Jones 1 What action did the Board take...

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4.1 Jones 1. What action did the Board take after investigation of the above charges? The Board ordered these employees reinstated with full back pay and ordered that the employer cease and desist from such conduct. When the employer failed to comply with the Board’s order, the Board petitioned the court of appeals to enforce the order. 2. Did the court of appeals uphold the Board? On what ground? The court of appeals denied the petition, holding that the Board’s order lay beyond the range of federal power. 3. Does the NLRA compel agreements between employers and employees? No, The NLRA does not compel agreements between employers and employees. It does not compel any agreement whatever. 4.2 Umpires 1. Are employers in the baseball industry subject to the jurisdiction of the Board under Section 14(c)? They found that the effect on interstate commerce of a labor dispute involving professional baseball is not so insubstantial as to require withholding assertion of the Board’s jurisdiction, under Section 14(c) of the Act, over Employers in that in- dustry, as a class. 2. Is the association of umpires a labor organization within the meaning of Section 2(5)? Yes. The record shows that the Petitioner is an organization in which employees participate, and which exists for the purpose of dealing with employers concerning wages and other conditions of employment. Accordingly, they found that the Petitioner is a labor organization within the meaning of Section 2(5) of the Act. 3. Are umpires supervisors as defined by Section 2(11) of the Act? No, they found that umpires are not supervisors. 4.3 Chicago 1. Is religious training mandatory at all of the schools in question? Yes. Religious training is mandatory at all of the schools in question. All of the high schools in question seek to provide a traditional secondary education, but oriented to the tenets of the Roman Catholic faith.
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2. Does the Court see inevitable church-state entanglements if the Board were allowed to exercise jurisdiction over teachers in church-operated schools? Yes. The key role played by teachers in such a school system has been the predi- cate for our conclusions that governmental aid channeled through teachers creates an impermissible risk of excessive governmental entanglement in the affairs of the church-operated schools. 3. Did Congress express the clear intent to bring teachers in church-operated schools within the jurisdiction of the NLRA?
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