ERIC Number: ED325002
Record Type: Non-Journal
Publication Date: 1990-Oct
Pages: 10
Abstractor: N/A
ISBN: N/A
ISSN: ISSN-0737-9285
EISSN: N/A
The Impact of NLRB v. Yeshiva University on Faculty Unionism at Public Colleges and Universities. Part II: Legal Analysis.
Douglas, Joel M., Ed.
National Center for the Study of Collective Bargaining in Higher Education and the Professions Newsletter, v18 n3 Sep-Oct 1990
The newsletter issue provides a legal analysis of National Labor Relations Board versus Yeshiva University, a case which limited the right of faculty to bargain collectively under the protections of state statutes. Related cases are noted concerning: (1) Wichita State University in Kansas (which rejected the Yeshiva doctrine); (2) University of Alaska (which held that Yeshiva was not applicable since faculty were legal "employees" and thus allowed to bargain under the Alaska Act); (3) Southern Oregon State College (which refused to exclude department chairs from faculty bargaining units despite their "managerial" status under the Yeshiva standard); and (4) University of Pittsburgh in Pennsylvania (which found faculty to be "management level employees" and thus not entitled to bargain collectively). Analysis of the case law notes that where the Yeshiva argument was disallowed there was a statutory basis for bargaining rights and a distinction made between "supervisory" and "managerial" employees. Proposals for limiting the influence of the Yeshiva case include preventing its extension to the public sector, amending the National Labor Relations Act, and enacting special legislation. A chart presents a summary of higher education public sector collective bargaining legislation by state. Forty-two footnotes document the legal analysis. (DB)
Descriptors: Administrators, Collective Bargaining, College Faculty, Court Litigation, Faculty College Relationship, Higher Education, Labor Relations, Private Colleges, Public Colleges, State Legislation, Supervisors, Teacher Rights
NCSCBHEP, Baruch College, 17 Lexington Ave, Box 322, New York, NY 10010 ($6.25 single copy, $25.00 subscription).
Publication Type: Collected Works - Serials
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: City Univ. of New York, NY. Bernard Baruch Coll. National Center for the Study of Collective Bargaining in Higher Education and the Professions.
Identifiers - Laws, Policies, & Programs: National Labor Relations Board v Yeshiva University
Grant or Contract Numbers: N/A