Last week, the Ohio state senate narrowly passed legislation that would, among other things, substantially limit collective bargaining by public sector unions and prohibit strikes by government workers. Today’s Plain Dealer reports that one provision has university faculty at a handful of state schools particularly concerned, as it would prevent unionized professors from participating in faculty governance. Pushed by the state’s Inter-University Council, the language would effectively apply the rationale of a 1980 Supreme Court decision, NLRB v. Yeshiva University, to state university faculty. In Yeshiva, the Court held that participation in faculty governance of a university or college makes professors managerial employees that are exempt from the protections of the National Labor Relations Act. Accordingly, the Ohio legislation would end collective bargaining for any faculty union with members that participate in faculty governance. Among the state universities with faculty unions are the University of Toledo, Bowling Green State University, Cleveland State University, and the University of Akron. The Ohio State University does not.
Inside Higher Ed has more here.