Akerman lawyers Amy Moor Gaylord and Scott Temple Silverman claimed a major victory recently for their client and possibly many other religious colleges and universities challenged by unionization. Gaylord and Silverman successfully argued before a National Labor Relations Board judge that Saint Leo University is exempt from the National Labor Relations Act because it is a religious institution.

United Faculty of Saint Leo University filed an unfair labor complaint in April 2021, alleging that the school had unlawfully withdrawn recognition from the union and altered terms and conditions of employment without its consent.

Gaylord and Silverman argued that, based on its rich history of religious affiliation, the school clearly met the Board's three-pronged test for religious exemption established in the 2020 Bethany College case, Gaylord and Silverman demonstrated that the school, a member of the Association of Catholic Colleges, (1) is a nonprofit; (2) is religiously affiliated; and (3) in many and highly visible ways, both on campus and online, regularly holds itself out to the public and to students as a religious institution guided by Catholic principles.     

With over 25 years of experience, Gaylord focuses her practice on traditional labor matters and employment litigation for both public and private sector employers with an emphasis on National Labor Relations Board (NLRB) proceedings, union organizing drives, NLRB-conducted elections, arbitration cases, contract negotiations, and employment discrimination matters. She has been recognized by The Best Lawyers in America, Super Lawyers Magazine, and Benchmark Litigation.

Silverman frequently lectures and publishes articles on current developments in labor and employment law. In addition to Chambers USA, numerous leading industry publications have ranked Scott as a top lawyer in Florida, including The Best Lawyers in America, Super Lawyers Magazine, Florida Monthly, and Tampa Bay Magazine.