Higher Education Alert: NLRB Trend In Easing Unionization Continues With Recent Decision

The National Labor Relations Board issued a 3-2 decision last month in Pacific Lutheran University, 361 NLRB No. 157, in which it significantly modified the standards for determining:  (1) whether college or university faculty members are managerial employees and thus not protected by the National Labor Relations Act; and (2) when the Board should decline to exercise jurisdiction over a college or university that claims to be a religious institution.  (Proskauer had submitted an amicus brief in the case in support of various organizations representing colleges and universities on the first issue.)  (For a fuller discussion of the Board's decision, please see Proskauer's Client Alert.)