This article is a discussion of the role of the University Counsel (sometimes called the General Counsel) as "adviser, officer, administrator, and agent" in the university setting. The article discusses the nature of the "fiduciary duty" in university governance and describes several of the substantive areas of the law with…

Almost thirty years ago, Justice William Brennan saw clearly that American higher education was coming under the same pressures to "cut costs and increase efficiencies" to which market forces were subjecting businesses. Since Justice Brennan's observation, employers generally have sought to maximize their "flexibility' by creating a…

The Supreme Court's decision that tenured faculty members at Yeshiva University are managers and do not have the right to unionize and enter into a collective bargaining agreement is discussed. It is suggested that the surge toward unionization begun in 1971 by private sector faculty has apparently been curbed. (MLW)

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)

The impact of the unionization of college and university faculty is examined, based on a 1979 survey of 240 nonunionized colleges and all other unionized institutions, and on a review of recent literature on collective bargaining. The survey is a followup of a 1974 survey pertaining to collective bargaining and a 1971 survey concerned with general…

The meeting of some 300 college administrators, faculty unionists, arbitrators specializing in education, and members of government agencies dealing with collective bargaining is reported in the proceedings of the Seventh Annual Conference of the National Center for the Study of Collective Bargaining in Higher Education. Topics and speakers…

Proceedings of the 1981 conference on the legal and economic status of collective bargaining in higher education, sponsored by the National Center for the Study of Collective Bargaining in Higher Education and the Professions, are presented. Papers and authors are as follows: "Yeshiva Shock Waves" (David Kuechle); "The Yeshiva Case:…

A bibliography of 765 items which illustrates the wide range of topics that affect collective bargaining in higher education and the professions for 1981, is presented. Items are dated 1978 or later, and ERIC reference numbers are cited where appropriate. The primary focus and interest is academic collective bargaining; however, the literature on…