The U.S. Supreme Court case National Labor Relations Board v. Yeshiva University in 1979 revolved around the question of whether faculty members at private universities could be classified as "managerial employees," and thus excluded from collective bargaining rights under the National Labor Relations Act (NLRA). The court ruled in favor of Yeshiva University, stating that full-time faculty members who participate in decision-making processes related to university policy or operations are indeed managerial employees. This was due to their significant authority over academic programs, admissions and hiring policies, among other things. Therefore, they were not entitled to collective bargaining rights under NLRA because they essentially form part of management rather than being regular workers whose interests might conflict with those of their employer.

In the dissenting opinion for the case of NATIONAL LABOR RELATIONS BOARD v. YESHIVA UNIVERSITY, Justice Brennan disagreed with the majority's view that faculty members at Yeshiva University were managerial employees and therefore not entitled to collective bargaining rights under the National Labor Relations Act (NLRA). He argued that this interpretation was inconsistent with both congressional intent and previous court rulings. According to Brennan, Congress intended for all non-supervisory employees in private industries to have collective bargaining rights unless explicitly excluded by law. Furthermore, he contended that past decisions had established a clear distinction between professional and managerial roles; professionals could still be considered employees even if they exercised some degree of discretion or control over their work environment. In his view, Yeshiva’s faculty fell into this category as they did not formulate university policy but merely implemented it within their respective departments or disciplines.