POINT PARK UNIVERSITY v. N.L.R.B.

Nos. 05-1060, 05-1081.

457 F.3d 42 (2006)

POINT PARK UNIVERSITY, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent Newspaper Guild of Pittsburgh/Communications Workers of America, Local 38061, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 1, 2006.


Attorney(s) appearing for the Case

Arnold E. Perl argued the cause and filed the briefs for petitioner.

Edward A. Brill argued the cause for amici curiae American Council on Education, et al. in support of petitioner. With him on the brief was Lawrence Lorber.

Daniel A. Blitz, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Arthur F. Rosenfeld, Acting General Counsel at the time the brief was filed, John H. Ferguson, Assistant General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Meredith L. Jason, Supervisory Attorney.

James B. Coppess argued the cause for intervenor. With him on the brief was Joseph J. Pass.

Before: SENTELLE, RANDOLPH and GRIFFITH, Circuit Judges.


Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge.

In NLRB v. Yeshiva University, 444 U.S. 672, 100 S.Ct. 856, 63 L.Ed.2d 115 (1980), the Supreme Court first determined that faculty at colleges and universities may be managerial employees exempt from the protection of the National Labor Relations Act ("NLRA" or the "Act"), 29 U.S.C. § 151 et seq. Since Yeshiva, the battle...

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