Daily Labor Report ®

NLRB Amends Legal Test for Nontenure-Track Faculty Unionizing

Feb. 19, 2021, 11:53 PM

The National Labor Relations Board modified its legal test for when a university’s nontenure-track faculty qualify as managers who can’t form a union under federal labor law, adopting its standard from a D.C. Circuit ruling.

Applying that amended framework, the NLRB ruled on Friday that Elon University‘s adjunct, visiting, and limited-term faculty were not managers. The board upheld a regional director’s decision that allowed those teachers from the university’s schools of business, communications, education, and arts and sciences to unionize with a Service Employees International Union affiliate.

The move to change the NLRB’s managerial exception test from its 2014...

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