''National Labor Relations Board v. Yeshiva University'', 444 U.S. 672 (1980), is a

US labor law United States labor law sets the rights and duties for employees, labor unions, and employers in the US. Labor law's basic aim is to remedy the " inequality of bargaining power" between employees and employers, especially employers "organized in ...

case, concerning the scope of

labor rights Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, the ...

in the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

Facts

The

Yeshiva University Yeshiva University is a Private university, private Modern Orthodox Judaism, Orthodox Jewish university with four campuses in New York City.

Faculty Association (a

labor union A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...

) asked the

National Labor Relations Board The National Labor Relations Board (NLRB) is an Independent agencies of the United States government, independent agency of the federal government of the United States that enforces United States labor law, U.S. labor law in relation to collect ...

to be certified as the official bargaining agent for teaching and professorial staff at

Yeshiva University Yeshiva University is a Private university, private Modern Orthodox Judaism, Orthodox Jewish university with four campuses in New York City.

. University management argued that the staff should not qualify as "employees" under the National Labor Relations Act 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 professors in a university were excluded from

collective bargaining Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and labour rights, rights for ...

rights, on the theory that they exercised "managerial" discretion in academic matters. Justice Powell delivered the majority opinion, which

Chief Justice Burger Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney who served as the 15th chief justice of the United States from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the St. Paul College of Law i ...

, Justice Stewart, Justice Rehnquist and

Justice Stevens John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...

joined. Justice Brennan dissented (joined by Justice Marshall, Justice White and Justice Blackmun). He pointed out that management was actually in the hands of university administration, not professors.

References

External links

* {{caselaw source , case = ''NLRB v. Yeshiva University'', {{ussc, 444, 672, 1980, el=no , justia =https://supreme.justia.com/cases/federal/us/444/672/ , loc =http://cdn.loc.gov/service/ll/usrep/usrep444/usrep444672/usrep444672.pdf , oyez =https://www.oyez.org/cases/1979/78-857 , other_source1 = WorldLII , other_url1 =http://www.worldlii.org/us/cases/federal/USSC/1980/24.html National Labor Relations Board litigation United States Supreme Court cases United States Supreme Court cases of the Burger Court 1980 in United States case law United States higher education case law

Facts

Judgment

See also

References

External links