id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
expositions-406	none	Yeshiva, Thirty Years Later	2010	3	.pdf	application/pdf	1096	37	41	[Expositions 4.1&2 (2010) 1-3] Expositions ISSN: 1747–5376 Yeshiva, Thirty Years Later BERNARD G. PRUSAK Center for Liberal Education Villanova University Thirty years ago, the United States Supreme Court decided, by a vote of 5 to 4, that the full-time faculty of Yeshiva University should be categorized as “managerial employees” and, as such, excluded from the benefits of collective bargaining under the National Labor Relations Act. The majority opinion in what has come to be known as the Yeshiva decision noted that “the faculty at each school [at Yeshiva University] effectively determine its curriculum, grading system, admission and matriculation standards, academic calendars, and course schedules.” 1 Moreover, “The faculty at each school make recommendations to the Dean or Director in every case of faculty hiring, tenure, sabbaticals, termination, and promotion,” and “the overwhelming majority of faculty recommendations are implemented.” 2 These facts led the majority to reflect that, whereas “[t]he [National Labor Relations] Act was intended to accommodate the type of management-employee relations that prevail in the pyramidal hierarchies of private industry,” contemporary universities are in the main organized quite differently, with a “system of „shared authority‟ evolved from the medieval model of collegial decision-making, in which guilds of scholars were responsible only to themselves.” 3 Given the persistence of the collegial model, the majority reasoned, Yeshiva‟s full-time faculty “exercise authority which, in any other context, unquestionably would be managerial.” 4 Since managerial employees are charged with representing management interests and so excluded from the benefits of collective bargaining under the Act, the Court‟s conclusion followed that full-time faculty are excluded as well.	cache/expositions-406.pdf	txt/expositions-406.txt