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D.C. Circuit to consider challenge to NLRB test for unionizing faculty

(Reuters) -

The U.S. Court of Appeals for the D.C. Circuit will hear oral arguments on Wednesday in the University of Southern California’s bid to strike down an Obama-era National Labor Relations Board decision that made it easier for non-tenure-track college faculty to unionize.

USC’s lawyers at Paul & Hastings will urge a three-judge D.C. Circuit panel to rule that the NLRB’s 2014 decision in a case involving Pacific Lutheran University went against U.S. Supreme Court precedent by requiring that faculty members exercise a high degree of decision-making authority in order to be considered managerial employees who cannot unionize.

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