Labor Law - Managers of the Classroom, Private University Faculty at Yeshiva University Are Not Professional Employees under the NLRA
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Authors
Pagano, Philip G.
Issue Date
1981
Volume
14
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In one of the most significant labor decisions handed down since collective bargaining rights were extended to educational faculties, the United States Supreme Court in a 5-4 decision, affirmed a Second Circuit determination that the faculty at Yeshiva University are "managerial employees".The Supreme Court has previously found that managerial employees are excluded from the coverage of the National Labor Relations Act (Act). The decision in NLRB v. Yeshiva University could have a profound effect upon private faculty unions because, prior to the decision, these unions had been viewed by the Board as appropriate bargaining units under the Act. In Yeshiva, the Supreme Court turned aside ten years of NLRB precedent acknowledging the right of faculty members to bargain collectively. The purpose of this article is to analyze previous faculty NLRB status decisions in an effort to discern the rationale behind the United States Supreme Court's refusal to follow the prior holdings of the Board...
Description
Citation
14 Creighton L. Rev. 657 (1980-1981)
Publisher
Creighton University School of Law