Monday, December 22, 2014

NLRB refuses to extend Yeshiva to contingent faculty

English: Looking southwest across Amsterdam Av...
English: Looking southwest across Amsterdam Avenue and 187th Street at Zysman Hall on a sunny morning. (Photo credit: Wikipedia)
The Board's new decision says that non-tenure-track full-time faculty are not managerial employees exempt from the NLRA's coverage.
https://www.insidehighered.com/news/2014/12/22/nlrb-ruling-shifts-legal-ground-faculty-unions-private-colleges
The message to higher ed is: You can't have it both ways, i.e., you can't replace tenured faculty with contingent faculty and also enjoy the benefits of the 1980 Supreme Court ruling in the Yeshiva University case that tenured faculty are managers who do no enjoy the federal labor act's protections.

Whether this case will reach the Supremes and whether they will want to revisit Yeshiva remains to be seen.

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