Managerial employees are those who have a substantial role in the formulation of employer policies even though they might not otherwise meet the definition of supervisors. Depending on their actual authority, university faculty members may be classified as managerial employees. In its landmark decision on this issue, the Supreme Court determined that Board jurisdiction over certain religious schools would contradict the First Amendment Freedom of Religion. The exemption applies only when the nature of the operation is directly related to the religious mission of the entity. If the relationship between the activity involved is only tangentially related to the religious mission, the Board may assert jurisdiction.
Occasional problems exist with international operations.
Although the general rule is that a foreign enterprise doing business in the United States is subject to the laws of this country, there are limits. International organizations such as the World Bank are immune from Board jurisdiction. If U.S. business entities are engaged in business in other countries , they are generally beyond the reach of the NLRB, even if the employees involved were hired in and paid from the United States. An exception to this rule may exist when the location of the work is not subject to the jurisdiction of another national government . Other classifications of employees are entitled or subjected to unique treatment under the law, even though they are covered.