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St. John’s Challenges Jurisdiction of NY PERB Over Its Relations with Its Faculty Union

By Howard Friedman on June 4, 2026
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St. John’s University filed suit this week in a New York federal district court challenging on 1st Amendment grounds jurisdiction of the New York State Public Employment Relations Board over the University’s relations with it faculty’s union. The complaint (full text) in St. John’s University v. Connick, (ED NY, filed 6/1/2026), alleges in part:

1.
For over 150 years, St. John’s University operated as an institution of Catholic and
Vincentian higher education—a Mission-driven religious institution founded by the Congregation
of the Mission of St. Vincent de Paul to provide the youth of New York with intellectual and moral
formation rooted in the Gospel and the teachings of St. Vincent de Paul….

5. New York’s Public Employment Relations Board (“PERB”), however, seeks to subject St. John’s to a regime of mandatory collective bargaining that impermissibly entangles the government (and the faculty Union) in its internal governance of religion- and Mission-related matters….

6. Under St. John’s expired collective bargaining agreement with the faculty Union, faculty committees controlled significant aspects of hiring, tenure, promotion, discipline, and curricular decisions—the very decisions that define how St. John’s carries out its Mission.  

7. When St. John’s sought to reassert its First Amendment right to govern itself in accordance with its Catholic and Vincentian identity by withdrawing recognition from the faculty Union, the Union filed an unfair labor practice charge with PERB—asking the state agency to force this religious institution back to the bargaining table under New York’s State Employment Relations Act (“SERA”). …

10. The First Amendment, the church autonomy doctrine, the prohibition against excessive government entanglement with religion, the ministerial exception, and the Free Exercise Clause all forbid precisely what PERB seeks to do here: transfer St. John’s authority to govern its religious affairs and to fulfill its sacred educational Mission from its religious leaders to PERB and the faculty Union.

EWTN News reports on the lawsuit.

Photo of Howard Friedman Howard Friedman

Author of the Religion Clause blog, highlighting church-state and religious liberty developments

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  • Posted in:
    Administrative and Regulatory, Employment & Labor
  • Blog:
    Religion Clause
  • Organization:
    Howard M. Friedman
  • Article: View Original Source

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