Yeshiva and Faculty Unionization in Higher Education

It has been over two decades since the United States Supreme Court handed down the landmark Yeshiva decision. In that case, the faculty in a private university was determined to be "managerial" and not entitled to collective bargaining rights and other protections under federal labor law. Despite Yeshiva's broad and significant impact in deterring faculty organizing at private colleges and universities, successful union organizing drives, though few, have been growing more frequent on campuses across the United States. In this paper, we examine the Yeshiva case and analyze its implications for private and public universities, including current trends such as the increased use of contingent faculty and distance learning. We also examine successful organizing efforts and discuss their implications for organized labor.