Dissertation Information for Ronald L. Gilardi NAME: - Ronald L. Gilardi
DEGREE:
- Ph.D.
DISCIPLINE:
- Library and Information Science
SCHOOL:
- University of Pittsburgh (USA) (1991)
ADVISORS: - Mary Kay Biagini
COMMITTEE MEMBERS: - Anne Woodsworth - Ellen Detlefsen - Margaret M. Kimmel - A. Pelaez
MPACT Status: Fully Complete
Title: The status of academic librarians as managerial employees: A legal analysis of the impact of NLRB v. Yeshiva
Abstract: Librarians employed by private academic institutions have long been involved with and interested in collective bargaining. This affinity of academic librarians for collective bargaining has encouraged them to align themselves with faculty members. For years, such alignments took place in a fairly uneventful fashion. In 1980, the United States Supreme Court, in NLRB v. Yeshiva University, ruled that faculty members could lose their rights to engage in collective bargaining if they were determined to be managerial employees within the meaning of the National Labor Relations Act. Because academic librarians so frequently joined with faculty members in bargaining units, the impact of Yeshiva seemed to be a subject worth exploring. This study investigates, from an exclusively legal perspective, the impact that Yeshiva has had upon librarians.
A legal research methodology was used. Simply stated, this means that primary source materials, court and administrative agency decisions, were accumulated and then analyzed. This analysis focused on three research statements and related questions. These three statements were designed to express the general applicability of Yeshiva to academic librarians, the impact of Yeshiva in terms of the loss of collective bargaining and the alternatives, if any, that academic librarians may have with respect to bargaining unit placement.
This process has yielded three distinct conclusions. First, it can be stated that Yeshiva has been applied to academic librarians. Secondly, Yeshiva has caused academic librarians to lose their rights under the National Labor Relations Act. In at least four reported decisions of the National Labor Relations Board, Yeshiva was applied to bargaining units that included librarians and the entire unit was determined to be managerial. This result is by no means automatic. In an equal number of cases Yeshiva's application did not cause the loss of statutory rights. Thirdly, it was concluded that librarian-faculty member bargainging units were not the only permissable configurations. It was found that librarian-only units as well as units comprised of both librarians and non-professional employees are legally available. While these alternatives are available, they most certainly represent exceptions to the more traditional bargaining unit, the faculty member-librarian unit.
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MPACT Scores for Ronald L. Gilardi A = 0
C = 0
A+C = 0
T = 0
G = 0
W = 0
TD = 0
TA = 0
calculated 2008-01-31 06:23:45
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