March 13, 2019 / 12:55 AM / a month ago

D.C. Circuit says NLRB test for unionizing college faculty was flawed

A U.S. appeals court on Tuesday said there was a “major problem” with the National Labor Relations Board’s test for determining whether university faculty can unionize, but rejected the University of Southern California’s bid to toss out the entire standard.

A unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said the NLRB in a 2014 ruling involving Pacific Lutheran University wrongly concluded that any subset of faculty members seeking to unionize, rather than the entire faculty, must have a high degree of control over university policies in order to be considered managers who cannot unionize.

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