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NLRB v. YESHIVA UNIVERSITY

No. 78-857.

444 U.S. 672 (1980)

NATIONAL LABOR RELATIONS BOARD v. YESHIVA UNIVERSITY.

Supreme Court of United States.

Decided February 20, 1980.

Attorney(s) appearing for the Case

Norton J. Come argued the cause for petitioner in No. 78-857. With him on the briefs were Solicitor General McCree, Deputy Solicitor General Wallace, Stephen M. Shapiro, John S. Irving, Robert E. Allen, Linda Sher, and David S. Fishback. Ronald H. Shechtman argued the cause for petitioner in No. 78-997. With him on the brief was Murray A. Gordon.

Marvin E. Frankel argued the cause for respondent in both cases. With him on the brief were Saul G. Kramer, Mark L. Goldstein, and Gerald A. Bodner.†

Briefs of amici curiae urging affirmance were filed by Estelle A. Fishbein, Fred Vinson, Daniel Riesel, and David Sive for Johns Hopkins University et al.; and by Kenneth C. McGuiness, Robert E. Williams, and Daniel R. Levinson for the National Society of Professional Engineers.

Lawrence A. Poltrock filed a brief in No. 78-857 for the American Federation of Teachers, AFL-CIO, as amicus curiae.

MR. JUSTICE POWELL delivered the opinion of the Court.

Supervisors and managerial employees are excluded from the categories of employees entitled to the benefits of collective bargaining under the National Labor Relations Act.1 The question presented is whether the full-time faculty of Yeshiva University fall within those exclusions.

I

Yeshiva is a private university which conducts a broad range of arts and sciences...

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