N.L.R.B. v. Yeshiva University

Yeshiva University (Yeshiva) (defendant) comprised five undergraduate and eight graduate private schools in New York City. A board of trustees, led by a president, was ultimately responsible for Yeshiva’s operations. An executive council of deans and administrators made recommendations to the president. The individual schools were substantially autonomous, headed by a dean or director. The faculty at each school met formally and informally with the dean or director over numerous issues, including curriculum, grading, admissions, schedules, and matriculation. The faculty also made recommendations to the dean or director on faculty employment matters, including hiring, tenure, promotion, and termination. The administrative decisionmakers nearly always accepted the dean’s advice on employment matters, which were based on faculty recommendations. A labor union (the union) (plaintiff) petitioned the National Labor Relations Board (the board) for certification as the representative of a bargaining unit comprising all full-time faculty at 10 of Yeshiva’s schools. The board approved the union’s petition, but Yeshiva refused to bargain with the union based on the university’s position that full-time faculty members were managerial or supervisory personnel who were excluded from the National Labor Relations Act. The board sought an enforcement order in the Second Circuit, which was denied. The Supreme Court granted certiorari.