Monday, December 22, 2014

Labor Board Hands Pacific Lutheran U. Adjuncts a Win in Bid to Unionize

The Chronicle of Higher Education
December 20th, 2014

The National Labor Relations Board has handed contingent faculty members at Pacific Lutheran University a major win in their bid to form a labor union, rejecting the university’s assertion that, as a religious institution, it is exempt from the NLRB’s jurisdiction.
The board’s decision is also significant because it refines the NLRB’s standard that is used to determine whether certain faculty members can be considered managerial employees and therefore denied union representation.
That question was at the heart of a landmark 1980 decision by the U.S. Supreme Court, National Labor Relations Board v. Yeshiva University (444 U.S. 672), which has since essentially barred full-time faculty members at private colleges from forming unions.
A regional official of the NLRB ruled last year that adjuncts at Pacific Lutheran could move to unionize. The full labor board later agreed to review the case, and in February, it solicited input on both of the questions that were central to the dispute.

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