Loretto Heights College v. National Labor Relations Board

Loretto Heights College (plaintiff) was a small liberal arts college in Colorado. The college’s faculty participation in college governance was mostly through participation in a variety of committees. These committees made recommendations to the appropriate officer, dean, or college president. College officials or the board of trustees made the final decisions concerning almost all issues. Many faculty committees met infrequently, if at all, and the college administration did not always follow their recommendations. In 1972, the Loretto Heights College/Faculty Education Association (the association) was certified as the collective-bargaining representative for all faculty. The college and the association entered into several collective-bargaining agreements. At the expiration of the last agreement, the college withdrew its recognition of the association and refused to negotiate with the association. The association filed a complaint against the college with the National Labor Relations Board (defendant). The college argued that its faculty members were managerial employees and were excluded under the National Labor Relations Act. An administrative-law judge rejected this argument and ruled in favor of the association. The National Labor Relations Board affirmed this decision, and the college appealed to the Tenth Circuit.