The university administration argued for an exemption on grounds that university had a religious mission. NLRB board at the time rejected claim but apparently unexpectedly decided to exclude faculty in theology from the bargaining unit.

Apparently the dissenter was a Republican NLRB member, now appointed chair by Pres. Donald Trump. According to one news story, reported by Julie Whitehair:

Acting Chairman of the NLRB Philip Miscimarra disagreed with the NLRB’s overall ruling, citing three standards that should be used to determine if Loyola’s religious affiliation makes it exempt from the NLRB’s jurisdiction. The three-part test includes whether the university declares itself to provide a religious education, is a nonprofit and is owned by or affiliated with a religious organization.

I wonder whether Jesuit universities, which by and large are independent of the Jesuit religious order (they have independent boards) and which do not claim to provide religious education, would affirmatively declare that they do not meet this three part test (obviously they are non-profits).