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Court Ruling's Effect on B. U. Uncertain

News Reaction

By Laurence S. Grafstein

Members of both sides of the Boston University (B.U.) faculty-administration dispute reacted with uncertainty this week to Wednesday's Supreme Court ruling that college faculty unions are not covered by federal labor law.

"I think we'll see a return to the strike tactic," Murray B. Levin, a professor of political science at B.U. and an active member of the school's faculty union, said yesterday.

The 5-4 decision applies only to New York's Yeshiva University, but B.U. has a similar case pending before the Supreme Court. The decision ruled that faculty members at private universities are "managerial" employees whose attempts to unionize do not apply to the National Labor Relations Act.

Samuel McCracken, assistant to B.U. president John R. Silber, said yesterday the University's lawyers were still studying the decision to see "how precisely it applies to B.U."

"President Silber has maintained for five years that faculty are not under the labor relations act," McCracken added.

Since Harvard does not now have a faculty union, the ruling has no effect on the University.

Edward W. Powers, associate general counsel for employee relations, said yesterday the ruling "was a very difficult issue," adding that "it is clear that at Harvard faculty members are not employees in the industrial sense."

McCracken said faculty at B.U. have considerable input into the decision-making process. But Levin said "aside from the normal managerial work like scholarships, curriculum and the nomination of new faculty, we have no ultimate say."

Levin added that B.U. faculty have no impact on budgetary decisions and the purchase of real estate, and no final say in tenure choices.

McCracken, however, said the B.U. administration accepts the faculty's nominations for tenure "about nine out of ten times."

Some experts have speculated Congress will add a clause to the existing law to cover faculty unions if a Democratic candidate is elected president, Levin said.

Don't Worry

"But the future of our union is very uncertain--I think there will be a lot of turmoil for the next few years," he added.

The First Circuit Court of Appeals ruled in favor of B.U.'s faculty union in a verdict reached during the spring of 1978, McCracken said.

Robert C. Bergenheim, B.U. vice president for labor and public relations, said this week "it is inconceivable" that B.U. will cut faculty salaries as a result of the Supreme Court decision. He added that "things will go on as before, only better."

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