Boston Partner Quoted on Changes to Legal Test That Determines Union Status

A federal appeals court rejected the National Labor Relations Board’s “subgroup majority status rule” for determining when college and university faculty members are deemed managers and therefore excluded from coverage under the National Labor Relations Act. Inside Higher Ed quotes Joseph Ambash as saying the court’s ruling “represents a meaningful change in the way in which the board and the courts will review the appropriateness of faculty units moving forward.” Still, he added, “it may be very difficult to prove that adjuncts, contingent and nontenured faculty are within the managerial exception.” Joseph advises institutions to familiarize themselves with the case and its potential impact on faculty bargaining units.

To read the full article, visit Inside Higher Ed.