Northwestern players denied request to form first union for athletes
In a surprising decision that amounts to punting on the issue, the National Labor Relations Board on Monday declined to assert jurisdiction in the historic Northwestern University case after football players had been deemed to be employees by the regional NLRB director last year.
Effectively, the decision is a major victory for Northwestern and the NCAA. Analysts expected the five-member NLRB to either back or reverse the decision, but instead, the board exercised its discretion not to take charge of the case and dismissed the representation petition filed by the College Athletes Players Association, which had worked with then-quarterback Kain Colter and the 2014 Wildcats football team.
"In the decision, the Board held that asserting jurisdiction would not promote labor stability due to the nature and structure of NCAA Division I Football Bowl Subdivision (FBS)," the NLRB wrote in its decision. "By statute the Board does not have jurisdiction over state-run colleges and universities, which constitute 108 of the roughly 125 FBS teams.
"In addition, every school in the Big Ten, except Northwestern, is a state-run institution. As the NCAA and conference maintain substantial control over individual teams, the Board held that asserting jurisdiction over a single team would not promote stability in labor relations across the league.
Entire article:
http://espn.go.com/college-football...lrb-says-northwestern-players-cannot-unionize
http://www.usatoday.com/story/sport...rthwestern-union-vote-nlrb-football/31647545/
A different NLRB ruling for the Dartmouth basketball players....
NLRB rules Dartmouth athletes as university employees, Tennessee's NCAA lawsuit hits a roadblock and Ryan Grubb leaves Alabama for the NFL.
www.elevenwarriors.com
THE WEEKENDER: NLRB RULES DARTMOUTH ATHLETES AS EMPLOYEES, TENNESSEE AND VIRGINIA’S NIL LAWSUIT HITS A ROADBLOCK AND GRUBB LEAVES ALABAMA FOR THE NFL
NLRB RULES DARTMOUTH ATHLETES AS EMPLOYEES OF THE UNIVERSITY
The National Labor Relations Board ruled on Monday that members of the Dartmouth men’s basketball team are university employees, paving the way for the Big Green to potentially become the first unionized program in NCAA history.
Monday’s ruling comes after months of action from the players, starting in September 2023 when all 15 team members signed and filed a petition to unionize with a chapter of the Service Employees Union.
Despite rebuttals from Dartmouth College administration and the NCAA, NLRB Regional Director Laura Sacks determined that Big Green athletes are employees under the National Labor Relations Act (NLRA).
There is still a long way to go in the process, however, as Dartmouth administration could still appeal the NLRB’s regional ruling to the national board. A similar situation arose in 2014 when the Northwestern football team held a union election, which was quickly shut down by a university appeal at the national level.
A National Labor Relations Board (NLRB) regional official ruled Monday that basketball players at Dartmouth College are considered school employees and can go forward with attempts to hold a union …
thehill.com
NLRB official rules Dartmouth basketball players can unionize
A National Labor Relations Board (NLRB) regional official ruled Monday that basketball players at Dartmouth College are considered school employees and can go forward with attempts to hold a union election.
The landmark ruling, which Dartmouth and the NCAA can appeal to the full NLRB, could lead to the first union of athletes in college sports.
The team’s 15 players signed a petition in September to join the Service Employees International Union (SEIU) Local 560, which already represents Dartmouth employees. Union representation would allow the students to collectively bargain over working conditions.
The SEIU said in September that the union is “proud to stand in solidarity with these young people as they fight for the right to collectively bargain for a better future and blaze a path for other student athletes to follow.”
Monday’s ruling continues the NLRB’s fight against the NCAA consideration of athletes as students first, and not employees of their schools. NLRB general counsel Jennifer Abruzzo directly called out schools in 2021, claiming that the use of the term “student-athlete” could entitle the students to greater labor rights.
“The policies underlying the NLRA, Board law, and the common law fully support the conclusion that certain Players at Academic Institutions are statutory employees, who have the right to act collectively to improve their terms and conditions of employment,” Abruzzo wrote, referencing the National Labor Relations Act (NLRA).
The NCAA and colleges and universities have fought against considering students as employees. Another landmark policy change in 2021 allowed athletes to be compensated for their work via name, image and likeness (NIL) rights.
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