National Labor Relations Board v. Yeshiva University, 444 U.S. 672 (1980), is a US labor law case about the scope of labor rights in the United States..
Facts The Yeshiva University Faculty Association (a labor union) asked the National Labor Relations Board to be certified as the official bargaining agent for teaching and professorial staff at Yeshiva University. University management argued that the staff should not qualify as "employees" under the National Labor Relations Act of 1935 §2(11) as they had sufficient supervisory authority. The staff contended that, while they managed their teaching and curriculum, they did not have effective authority over managerial power.
Judgment A majority of the Supreme Court, 5 to 4, held that full-time university professors are excluded from collective bargaining rights, on the theory that they exercise "managerial" discretion in academic matters. Justice Lewis F. Powell Jr. delivered the majority opinion, which Chief Justice Warren Burger and Justices Potter Stewart, William Rehnquist, and John Paul Stevens joined.
Justice William J. Brennan Jr. dissented, joined by Justices Thurgood Marshall, Byron White, and Henry Blackmun. Brennan wrote that management was actually in the hands of university administration, not professors.
See also
United States labor law
References
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