Case: The Salvation Army v. The National Labor Relations Board

2:26-cv-10105 | U.S. District Court for the Eastern District of Michigan

Filed Date: Jan. 12, 2026

Closed Date: Jan. 21, 2026

Clearinghouse coding complete

Case Summary

This is a lawsuit challenging the Unfair Labor Practice Charge that the National Labor Relations Board filed against the Salvation Army in 2025. On January 12, 2026, the Salvation Army filed this lawsuit in the U.S. District Court for the Eastern District of Michigan, challenging the jurisdiction of the National Labor Relations Board (NLRB) over its operations. According to the complaint, in 2024, the Salvation Army terminated an employee working at a Rehabilitation Center in Michigan after yea…

This is a lawsuit challenging the Unfair Labor Practice Charge that the National Labor Relations Board filed against the Salvation Army in 2025.

On January 12, 2026, the Salvation Army filed this lawsuit in the U.S. District Court for the Eastern District of Michigan, challenging the jurisdiction of the National Labor Relations Board (NLRB) over its operations. According to the complaint, in 2024, the Salvation Army terminated an employee working at a Rehabilitation Center in Michigan after years of unprofessional and disrespectful conduct. Thereafter, the terminated employee filed an Unfair Labor Practice Charge with the NLRB alleging that the Salvation Army violated Section 8(a)(1) of the National Labor Relations Act, which makes it an unfair labor practice for an employer to interfere with employee collective bargaining and unionizing rights, by maintaining overbroad work rules. On May 1, 2025, the NLRB Acting General Counsel found sufficient evidence to support the charge and issued a Complaint and Notice of Hearing to the Salvation Army (Case No. 07-CA-353233). The Salvation Army filed an Answer and Amended Answer denying the claims, and in December 2025 filed a Motion to Dismiss with the NLRB, asserting that the NLRB could not exert jurisdiction over the Salvation Army because doing so would violate the Salvation Army’s First Amendment rights to manage its employees consistent with its religious mission. The NLRB did not dismiss the charge, and the Salvation Army brought suit in January 2026.

In this lawsuit, the Salvation Army asserted that because the First Amendment prohibits government interference with the internal affairs of religious organizations, the NLRB could not exercise jurisdiction over church-operated organizations such as the Salvation Army and, therefore, that the Unfair Labor Practice Charge was improper. It sought injunctive and declaratory relief preventing the NLRB from exercising jurisdiction over the Salvation Army. The case was assigned to U.S. District Judge Matthew F. Leitman. On January 21, 2026, the Salvation Army voluntarily dropped the suit after NLRB prosecutors dropped their underlying administrative complaint. The case is now closed.

Summary Authors

Madison Krumins (2/17/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72132954/parties/the-salvation-army-v-national-labor-relations-the/


Judge(s)

Leitman, Matthew Frederick (Michigan)

Attorney for Plaintiff

Below, John T. (Michigan)

Empey, Amanda McSween (Michigan)

Fealk, Gary S. (Michigan)

Attorney for Defendant

Goldstein, Dawn (Michigan)

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Documents in the Clearinghouse

Document
1

2:26-cv-10105

Verified Complaint for Injunctive and Declaratory Relief

Salvation Army v. National Labor Relations Board

Jan. 12, 2026

Jan. 12, 2026

Complaint
14

2:26-cv-10105

Notice of Voluntary Dismissal

Jan. 21, 2026

Jan. 21, 2026

Pleading / Motion / Brief
15

2:26-cv-10105

Order Dismissing Case

The Salvation Army v. The National Labor Relations

Jan. 21, 2026

Jan. 21, 2026

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72132954/the-salvation-army-v-national-labor-relations-the/

Last updated March 8, 2026, 4:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Verified filed by All Plaintiffs against The Salvation Army. Plaintiff requests summons issued. Receipt No: AMIEDC-10556086 - Fee: $ 405. County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne - County of 1st Defendant: USA. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11) (Below, John) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

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2

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by The Salvation Army identifying Corporate Parent The Salvation Army for The Salvation Army. (Below, John) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

3

SUMMONS Issued for *Crystal Carey* (JBro) (Entered: 01/13/2026)

Jan. 13, 2026

Jan. 13, 2026

4

SUMMONS Issued for *Elizabeth Kerwin* (JBro) (Entered: 01/13/2026)

Jan. 13, 2026

Jan. 13, 2026

5

SUMMONS Issued for *National Labor Relations, The* (JBro) (Entered: 01/13/2026)

Jan. 13, 2026

Jan. 13, 2026

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (JBro)

Jan. 13, 2026

Jan. 13, 2026

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

Jan. 13, 2026

Jan. 13, 2026

6

MOTION for Temporary Restraining Order and Show Cause Order by The Salvation Army. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15) (Below, John) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

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7

NOTICE of Appearance by Kwame Samuda on behalf of All Defendants. (Samuda, Kwame) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

8

NOTICE TO APPEAR REMOTELY: Status Conference set for 1/15/2026 at 11:30 AM before District Judge Matthew F. Leitman. (HRya) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

9

NOTICE of Appearance by Gary S. Fealk on behalf of The Salvation Army. (Fealk, Gary) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

10

NOTICE of Appearance by Amanda McSween Empey on behalf of The Salvation Army. (Empey, Amanda) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

11

NOTICE of Appearance by Dawn Goldstein on behalf of All Defendants. (Goldstein, Dawn) (Entered: 01/14/2026)

Jan. 14, 2026

Jan. 14, 2026

12

NOTICE OF REMOTE HEARING on 6 MOTION for Temporary Restraining Order and Show Cause Order. Motion Hearing set for 1/23/2026 at 11:00 AM before District Judge Matthew F. Leitman. |Remote Access Phone Number: (646) 828-7666 and Meeting ID: 161 366 6246| (HRya) (Entered: 01/15/2026)

Jan. 15, 2026

Jan. 15, 2026

Minute Entry for remote proceedings before District Judge Matthew F. Leitman: Status Conference held on 1/15/2026. Defendants to file response to Plaintiff's motion for a temporary restraining order by no later than 12:00 P.M. Eastern Time on Wednesday, January 21, 2026. Plaintiff may file a reply brief by the close of business on Thursday, January 22, 2026. Court to hold Zoom hearing on Plaintiff's motion at 11:00 a.m, Eastern Time on Friday, January 23, 2026. (Court Reporter: Rob Smith) (HRya)

Jan. 15, 2026

Jan. 15, 2026

13

NOTICE TO APPEAR REMOTELY: Status Conference RESET for 1/23/2026 at 2:00 PM (**TIME CHANGE ONLY**) before District Judge Matthew F. Leitman. (HRya) (Entered: 01/16/2026)

Jan. 16, 2026

Jan. 16, 2026

14

NOTICE of Voluntary Dismissal by The Salvation Army (Below, John) (Entered: 01/21/2026)

Jan. 21, 2026

Jan. 21, 2026

Clearinghouse
15

ORDER DISMISSING CASE. Signed by District Judge Matthew F. Leitman. (HRya)

Jan. 21, 2026

Jan. 21, 2026

Clearinghouse

TEXT-ONLY NOTICE: Motion Hearing and Status Conference on 1/23/2026 are Cancelled re 13 Notice to Appear, 12 Notice of Hearing on Motion. (HRya)

Jan. 21, 2026

Jan. 21, 2026

Text-Only Notice of Hearing Cancelled

Jan. 21, 2026

Jan. 21, 2026

Case Details

State / Territory:

Michigan

Case Type(s):

Speech and Religious Freedom

Labor Rights

Key Dates

Filing Date: Jan. 12, 2026

Closing Date: Jan. 21, 2026

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Salvation Army, a religious non-profit organization

Plaintiff Type(s):

Non-profit religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

National Labor Relations Board

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Free Exercise Clause

Other Dockets:

Eastern District of Michigan 2:26-cv-10105

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Discharge & termination plans

Religious programs / policies

Recommended Citation