The Jewish Community Center of Greater Columbus (JCC-GC) operates three early childhood education facilities in Columbus, Ohio serving approximately 400 children, ranging from infants to five-year-olds. JCC-GC’s curriculum incorporates Jewish religious instruction, including Hebrew language lessons and celebrations of Jewish holidays, and follows Jewish customs such as Kashrut dietary laws and Shabbat observance.
The Ohio Council 8, American Federation of State, County & Municipal Employees, and AFL-CIO filed a petition under Section 9(c) of the National Labor Relations Act (NLRA) seeking to form a union for the approximately 117 teachers at JCC-GC’s Early Childhood Learning Community facilities.
The central issue in the case was whether the National Labor Relations Board (Board) had jurisdiction over the JCC-GC or whether it was exempt as a religious institution under the framework established in Bethany College, 369 NLRB No. 98 (2020). Under the Bethany College test, the Board evaluates three key factors: (1) whether the employer held itself out as providing a religious educational environment, (2) whether it was a nonprofit, and (3) whether it was affiliated with or controlled by a recognized religious organization.
The JCC-GC is registered as a 501(c)(3) nonprofit organization and according to their tax documents, operates as “a nonprofit human services organization offering a varied program that is Jewish in nature.” JCC-GC facilities are licensed by the Ohio Department of Jobs and Family Services but are not classified as non-chartered, non-public schools by the Ohio Department of Education.
The JCC-GC is governed by a Board of Trustees, whose membership is limited to individuals from the Jewish community of Greater Columbus. The JCC-GC also maintains affiliations with Jewish religious institutions, including Beth Tikvah Synagogue and the Va’ad Ho’ir, a rabbinic authority that supervises the organization’s kosher dietary practices. These elements, the JCC-GC argued, demonstrate that it is a religious educational institution exempt from the Board’s jurisdiction.
The union, however, contended that the JCC-GC is not a religious school but rather a general human services agency that happened to operate a childcare center. It pointed to the fact that the JCC-GC is regulated as a childcare facility rather than a religious school under Ohio law and argued that Bethany College should be applied only to higher education institutions, not preschools. The union also maintained that requiring Board members to be part of the Jewish community did not necessarily mean the organization was controlled by a religious entity.
The Board ruled that the Bethany College test was not limited to institutions of higher education and applied in this case because the JCC-GC is a “religious educational institution.”
The Board also found that the JCC-GC met all three criteria under Bethany College.
Under the first prong, the Board found that the JCC-GC holds itself out as a religious educational institution by incorporating Jewish values and traditions into its preschool curriculum, including Hebrew language instruction and the observance of Jewish holidays. Additionally, the organization’s employee and parent handbooks emphasize its Jewish identity, requiring adherence to Kashrut dietary laws and Shabbat observance, reinforcing its religious nature.
Under the second prong, the Board noted that the JCC-GC is organized as a 501(c)(3) nonprofit organization, a fact that was undisputed by both parties.
Under the third prong, the Board determined that the JCC-GC is affiliated with religious organizations through its relationship with the Va’ad Ho’ir (rabbinic authority), Beth Tikvah Synagogue, and religious oversight of its kosher food policies. Furthermore, the Board of Trustees, which governs the JCC-GC, requires that all members be part of the Jewish community, demonstrating religious affiliation and oversight sufficient to satisfy this prong.
Additionally, the Board determined that while the JCC-GC offers secular programming, its religious identity was deeply integrated into its operations. Because the JCC-GC satisfied the Bethany College test, the Board concluded that it lacked jurisdiction over the organization and dismissed the petition.
Jewish Community Center of Greater Columbus, 372 NLRB No. 121 (2025).
Note: This case affirms that the Bethany College test does not only apply to higher education institutions. The Bethany College test is a relatively simple test to meet, meaning that many religious schools may satisfy the criteria and be exempt from the National Labor Relations Act.