The Supreme Court decision in National Labor Relations Board (NLRB) v. Yeshiva University is discussed, along with a test for determining "managerial employees." In this case, the court held that full-time faculty at nonprofit, private, higher education institutions are managerial employees, where their recommendations are normally…

Previous faculty National Labor Relations Board status decisions are analyzed to discern the rationale behind the U.S. Supreme Court's refusal to follow prior holdings of the Board. The Board can now either set a procedure for determining faculty status or declare faculty protected, forcing Congress to address the issue directly. (MSE)

By excluding all private college faculty from collective bargaining under the National Labor Relations Act, the Supreme Court has demonstrated a misunderstanding of the genuine need of faculty to participate in bargaining and should have shown more restraint before substituting its judgment for that of the NLRB. (MSE)

Viewed from the perspective of administrative law, labor law, or just higher education, the Yeshiva decision does not make sense. It would be appropriate in future litigation to compel the court to do what it refused to do here, that is to address the extent to which the industrial analogy applies to colleges and universities. (MSE)

By acknowledging a specific setting, as at Yeshiva University, where faculty are legally considered managerial, the court lays a foundation on which private colleges may attempt to build, by trying to fit the "mature" governing structure outlined in the court decision. Journal available from the School of Law, Washburn University,…

The Yeshiva decision shows that several actions must be taken to clarify or resolve issues: several legal terms must be redefined, more comprehensive fact-finding is needed, and higher education collective bargaining must be better understood to distinguish faculty governance roles more clearly. (MSE)

It is submitted that, in the court decision on Yeshiva University and collective bargaining, the court failed to provide the National Labor Relations Board with any clear guidelines for applying its managerial context test. The decision's consistency with the National Labor Relations Act's intent is questioned. (MSE)

Administrators at several public institutions have filed complaints with state labor relations boards, claiming that their faculty have managerial status and should be barred from collective bargaining, as in a 1980 Supreme Court case concerning the private Yeshiva University. (MSE)

Fourteen university claims filed in the wake of the Yeshiva decision, to avoid collective bargaining with faculty, are analyzed. It is concluded that neither the National Labor Relations Board nor any regional board has created, in these dispositions, a governance model typefying the "mature" university needed to evaluate faculty…

The exclusion of faculty members as managerial employees may seriously disadvantage all professional employees, the very group the National Labor Relations Act was amended to protect. (Journal availability: Dennis & Company, 251 Main St., Buffalo, NY 14203.) (MSE)

The impact of the Supreme Court decision in the National Labor Relations Board v. Yeshiva University case is considered in this literature analysis. This landmark decision held that the full-time faculty members at the private Yeshiva University exercised supervisory and managerial functions and were therefore not entitled to the benefits of…

Amidst widely disparate predictions as to the effect the Yeshiva decision will have in higher education, traditional legal wisdom would suggest awaiting further NLRB and court decisions for guidance on Yeshiva's impact on different institutions, especially given the various existing and potential unionization arrangements. (MSE)

In conjunction with court decisions on financial exigency, the Yeshiva decision has an ironic consequence: tenured faculty can be managers for the purpose of exclusion from protection by the National Labor Relations Act, but at the same time have no managerial role in determining staff reduction in financial exigency cases. (MSE)