THE IMPACT OF NLRB v. YESHIVA UNIVERSITY ON FACULTY UNIONISM AT PUBLIC COLLEGES AND UNIVERSITIES
JOEL M. DOUGLAS
AbstractThis study examines public sector higher education faculty collective bargaining legislation in terms of protection from a Yeshiva-like claim. Protection is viewed as coverage before a labor board or a state agency concerning the right to bargain. Legislation in twenty-seven states was analyzed. Two models emerged under which faculty bargain; separate statutes were found in four states while generic enabling legislation controlled bargaining in twenty-three states. Each bill was examined for the statutory definition of employee, employer, and whether or not reference was made to inclusion of supervisory and/or managerial employees. A survey of legal developments with respect to public sector Yeshiva claims was also conducted. The likelihood for successful claims pursuant to state legislation was addressed. Recommendations are included as to the potential impact of Yeshiva or participatory management in the public sector.
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