NLRB v Yechiva Case Brief

NLRB v Yechiva Case Brief - HOLDING • The faculty’s...

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Samantha Zid NLRB v. Yeshiva University Supreme Court of the United States, 444 U.S. 672 (1980) RELEVANT FACTS The Yeshiva University Faculty Association (Union) filed a representation petition with the NLRB to seek certification as a bargaining tool for full-time faculty members. The University opposed this petition on grounds that its faculty members could be considered managerial employers The faculty at each school makes recommendations to the dean on hiring, tenure, termination, and promotion procedures. An overwhelming amount of recommendations are implemented, but the final decision is reached by the central administration LOWER COURT ACTION Board: concluded that the faculty are entitled to the protection of the act because participation in decision making for the college is on a collective basis and is exercised in the faculty’s own interest rather than their employer Appeals: denied the enforcement petition, sided with Yeshiva University
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Unformatted text preview: HOLDING • The faculty’s professional interests cannot be separated from those of the institution • Employee’s whose activities fall outside the scope of duties performed by similar professionals are aligned with a management position SIGNIFICANCE OF CASE • Universities are being ran like companies more and more, which means that more decisions are being made by administration, not the faculty • In order to ensure that employees who exercise authority on behalf of their employer, there must not be a divide in importance between the employer and the union • Faculty members must work towards the higher learning of their students with the University, bringing in the enforcement petition to any university would cause a disruption in the higher learning process • Creates a line that cannot be crossed by faculty unions to ensure that higher education remains in the best interest of the faculty...
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