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I don't think defendants can just say they won't show up in court.
I think that question ultimately will be decided by an entity other than the NCAA. Like the NLRB or the US Supreme Court.
Because NCAA/new institution makes it clear that they won't play ball (pardon the pun) well before it ever hits a stage of organization that would warrant a court date.
It wouldn't surprise me if the Union falls flat on its face... and part of me kind of hopes it does just to keep those orgs out of the issue... but if Northwestern decides it's in their interests** to grant them a Union... what then? Is the NCAA going to kick Northwestern out of DIA? I expect that's what they would threaten, but I'm not sure they can pull it off effectively. What happens if 3, 4, 5 other prominent schools join in?
**I don't know where Northwestern stands on the New Division concept, but if somebody wanted to force the issue... this is a hell of a way to do it.
Who plans to pay the union dues?
For now there are no dues. Undoubtedly the Union sees the opportunity for a massive cash cow 5-10 years down the road.
Re: As a general rule, no employee, whether in the private or public sector, can legally be required to join a union and pay full union dues. Yet, in many states, an employee can be forced to pay certain union dues or be fired.
Just wondering how the differences in each state's "Right To Work" laws would play out with this (proposed) union.
Still, the free market provides a pretty good solution: don't sign with a coach/school who throws players away - and you won't get thrown away, and the coach/school who does do that will lose players and will be incentivised to stop doing that.