This section contains the nature of the case and procedural background.

P's full-time faculty (numbering approximately sixty members) sought to unionize in the spring of 2002 to negotiate with management. P argued that the faculty members were management -- that is, managerial employees not entitled to the protection of the National Labor Relations Act (NLRA). P relied on NLRB v. Yeshiva University on determining the managerial status of an academic faculty. The controlling consideration, in that case, was that the faculty . . . exercise authority which in any other context unquestionably would be managerial. Their authority in academic matters is absolute. They decide what courses will be offered when they will be scheduled, and to whom they will be taught. They debate and determine teaching methods, grading policies, and matriculation standards. They effectively decide which students will be admitted, retained, and graduated. On occasion, their views have determined the size of the student body, the tuition to be charged, and the location of a school. D sided with the faculty, ordering P to recognize and bargain with the faculty's representative. D did not explain why it did not follow the numerous cases cited by P. P appealed.

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