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Point Park University faculty to vote on union
Thursday, April 29, 2004

The regional director of the National Labor Relations Board says 73 full-time faculty members at Point Park University are eligible to unionize and ordered an election.

The 108-page decision announced yesterday, which the university said it will appeal, came from Gerald Kobell, director of the Pittsburgh NLRB office.

It followed a 20-day hearing last fall prompted by Point Park's challenge to an organizing petition by the Pittsburgh Newspaper Guild, which also represents 290 employees at the Pittsburgh Post-Gazette and Valley Independent of Monessen.

Kobell found insufficient evidence to support Point Park's contention that faculty were managerial employees, and thus ineligible for collective bargaining.

The faculty "undoubtedly has an important consultative role," Kobell wrote. But they do not "exercise such plenary, absolute or effective authority" that they can be excluded from protection under the National Labor Relations Act.

Kobell said elections are typically held within 30 days.

Parties have 14 days to appeal by requesting a review before the full NLRB board in Washington, D.C. In a statement, Point Park said it will do so.

"Point Park remains firm in the belief that our position is consistent with the U.S. Supreme Court's decision in the Yeshiva University case, which held that full-time faculty members are managerial employees and, therefore, are excluded" from Labor Act coverage, the statement said.

If a review is granted, the board could stay the vote or allow it to proceed but impound the results, Kobell said.

First published on April 29, 2004 at 12:00 am
Bill Schackner can be reached at bschackner@post-gazette.com or 412-263-1977.