Labor law applied to religious schools

[Eugene Volokh]

    The New York highest court has unanimously held that state labor
law applies to parochial schools.  The court:
    1.  Rejected a Free Exercise Clause claim on Smith grounds.
    2.  Concluded that it would not follow Catholic Bishop v. NLRB
in interpreting the state statute.
    3.  Concluded that interpreting the state statute to apply to
parochial schools wouldn't violate the Establishment Clause.
    In re N.Y. State Emp. Rels. Bd. v. Christ the King Regional H.S.,
1997 WL 325500 (June 12).

    In this particular case, the court upheld the Board's order
reinstating a fired teacher, concluding that -- contrary to the
school's assertions -- the school fired the teacher because of his
union activity, and not, as the school claimed, because of his
"unchristian behavior."

    Amazingly, the court never mentioned RFRA, which makes me think
that the school didn't raise it.  Does anyone know why this was so?
Did the lawyers just screw up?

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