Yeshiva Ruling

Navigating Troubled Waters at the NLRB

Since the US Supreme Court’s infamous NLRB v. Yeshiva University decision in 1980, faculty members at private colleges and universities have confronted major roadblocks to unionization. Yeshiva labels most tenure-track faculty as “managerial,” excluding them from the right to unionize under the National Labor Relations Act (NLRA). Now, more than thirty years later, the National Labor Relations Board (NLRB) has signaled its interest in opening greater possibilities for faculty unionization.

How Managerial Are Faculty?

AAUP brief urges the NLRB to look closely at claims that private-college faculty have too much managerial power to have collective bargaining rights under the National Labor Relations Act.

How Managerial are Faculty?

The AAUP submitted an amicus brief to the National Labor Relations Board (NLRB) in March, urging the board to consider the full context when determining whether faculty at private colleges are managerial. The brief describes the significant changes in university hierarchical and decision-making models since the US Supreme Court ruled in 1980 that faculty at Yeshiva University were managerial employees and thus ineligible to unionize. That ruling has seriously hampered the ability of private-college faculties to engage in collective bargaining. 

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