Question: The Volunteers of America (VOA) is a religious movement founded in New York City in 1896. Its purpose is "to reach and uplift all segments of the population and to bring them to a knowledge of God." The Denver Post of the VOA, founded in 1898, is an unincorporated association operated under the direction of the national society. It maintains three chapels in the Denver area, at which it conducts regular religious services and Bible study groups. The VOA also operates a number of social programs in Denver, including temporary care, shelter, and counseling centers for women and children. The United Nurses, Professionals and Health Care Employees Union filed a petition with the NLRB to represent the counselors at these shelters. The VOA argued it was not subject to the Board's jurisdiction because

(1) the First Amendment to the U.S. Constitution precludes NLRB jurisdiction over a religious organization, and

(2) it received partial funding from the city and county governments under contracts specifying the services it was to perform so that the government, not the VOA, was the true employer. The case reached the Tenth Circuit Court of Appeals. How should the court have ruled on these two arguments? See Denver Post of VOA v. NLRB [732 F.2d 769 (10th Cir. 1984)] and Aramark Corp. v. NLRB [179 F.3d 872 (10th Cir. 1999)].