Point Park University

National Labor Relations Board - Unpublished Board Decisions

Feb 25, 2015

06-RC-012276 (N.L.R.B. Feb. 25, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
POINT PARK UNIVERSITY
Employer
and Case 6-RC-012276
NEWSPAPER GUILD OF PITTSBURGH/
COMMUNICATIONS WORKERS OF AMERICA,
LOCAL 38061, AFL-CIO, CLC
Petitioner
ORDER
On November 28, 2007, the Board granted the Employer’s Request for Review of the
Regional Director’s Supplemental Decision on Remand.1
On December 16, 2014, the Board issued its decision in Pacific Lutheran University, 361
NLRB No. 157 (2014), which specifically addressed the standard the Board will apply for
determining, in accordance with NLRB v. Yeshiva University, 444 U.S. 672 (1980), when faculty
members are managerial employees, whose rights to engage in collective bargaining are not
protected by the Act.
Accordingly, the Board remands this proceeding to the Regional Director for further
appropriate action consistent with Pacific Lutheran University, including reopening the record, if
necessary.2
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
HARRY I. JOHNSON, III, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., February 25, 2015

1 The only issue on which review was sought and granted was whether the Regional Director properly reaffirmed
his Decision and Direction of Election and concluded that the Employer had not met its burden of affirmatively
demonstrating that the petitioned-for full-time faculty are managerial employees within the meaning of NLRB v.
Yeshiva University, 444 U.S. 672 (1980).
2 Members Miscimarra and Johnson adhere to their separate opinions in Pacific Lutheran University. Nevertheless,
they agree with their colleagues that a remand is appropriate.