bargaining, however, that standard is inconsistent with controlling circuit precedent in Memorial Hospital and subsequent cases. The Board urges this court to reconsider and invalidate circuit precedent by recognizing the Management Training test is a reasonable and valid construction of the Act and by holding the Board’s previous governmental control test is not statutorily required. The Board further argues the Memorial Hospital and Jefferson County decisions confused the Board’s statutory jurisdiction and discretionary exercise of that jurisdiction, mistakenly determining that the governmental control test was a statutory requirement, rather than merely a test adopted by the Board pursuant to its jurisdictional discretion under § 14(c). See Memorial Hospital, 624 F.2d at 185 (<HOLDING>); Jefferson County, 732 F.2d at 126 (stating
holding authority to control limits duty to control holding that a nonfrivolous allegation of board jurisdiction is one which if true would establish a prima facie case that the board has jurisdiction over the matter at issue holding ports authority was not an employer subject to the jurisdiction of the national labor relations board holding that taxpayer could not have presented substantive due process claim to the board of assessment review because of the limited jurisdiction of that board holding  22 deprives board of jurisdiction when employer does not retain sufficient control