Collective Bargaining—Faculty Status Under the National Labor Relations Act—NLRB v. Yeshiva University, 582 F.2d 686 (2d Cir. 1978), cert. granted, 99 S. Ct. 1212 (1979)

Supervisors and managerial employees were originally excluded from the NLRA\u27s protections to solve problems caused by the unionization of decisionmakers working in the hierarchy of business organizations. Decisionmaking at Yeshiva, however, as in much of higher education, is organized on a non-hierarchical, collective basis. The Yeshiva court implicitly assumed, despite the University\u27s non-hierarchial decisionmaking structure, that the policies underlying the exclusion of supervisors and managerial employees would be served by denying faculty the right to bargain collectively. This note tests that assumption. It examines the extent to which the purposes for excluding supervisory and managerial personnel from the NLRA\u27s protections are served by denying Yeshiva\u27s faculty the right to form a bargaining unit