Blog Post

Mar 18, 2019

D.C. Circuit Denies Enforcement of NLRB’s Decision Applying Pacific Lutheran Standard

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Seyfarth Synopsis: An important issue for colleges and universities is whether faculty are “managerial” employees under the National Labor Relations Act, and thus precluded from union organizing. Almost 40 years ago, the Supreme Court held in NLRB v. Yeshiva University that faculty are managerial if they exercise “collegial” authority collectively in academic matters. Five years ago, the Obama Board in Pacific Lutheran University announced a new two part standard for determining the managerial status of faculty members: (1) whether faculty have decision-making authority in academic programs, enrollment policies, finances, academic policies, and personnel policies; and (2) whether the faculty exercise “actual control or effective recommendation” over each of those areas.

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