In a groundbreaking decision, the National Labor Relations Board (NLRB) declared on Monday that Dartmouth men's basketball players have the right to hold an election to unionize, potentially unraveling the NCAA's long-standing amateurism model. The ruling, which cites Dartmouth players as university employees under U.S. labor law, opens the door for athletes to assert their rights in collegiate sports.

The NLRB, in a meticulously reviewed 26-page decision obtained by Front Office Sports, stated that Dartmouth's control over the basketball team's work, combined with compensation provided to the players, classifies them as employees within the scope of the National Labor Relations Act. The ruling emphasized that granting jurisdiction over the athletes would not negatively impact labor relations, prompting the directive to hold an election for the players to decide on union representation.

During the hearings, the NLRB considered key factors, including the level of control exerted by Dartmouth over its athletes and the various forms of compensation received by the players. While Ivy League athletes do not receive athletic scholarships, the regional director accepted that non-monetary benefits, such as apparel, constituted sufficient compensation. Notably, the financial lack of profitability did not serve as a barrier to the NLRB's determination of the players' employee status.

At present, the NCAA, Ivy League, and Dartmouth have not issued any statements regarding the ruling. The next steps in this complex process involve the Dartmouth team having the opportunity to hold a union election, the date of which has yet to be determined. Dartmouth's administration reserves the right to file an appeal within the next 10 business days. It is expected that the school will exercise this option, as accepting the ruling could spell the demise of the NCAA's existing business model, which positions athletes as non-employees.

Even if an appeal is filed, the union election will proceed as planned, with the results being made public. Concurrently, the NLRB's appeal process, which consists of five members, including three Democrats and two Republicans under the Biden administration, will commence. However, a vacant Republican seat may impact decision-making, potentially leading to a prolonged process lasting several months. It is essential to note that the appeal process can extend beyond the NLRB to higher courts, including Circuit Courts and, ultimately, the Supreme Court.

The NLRB's ruling paves an unprecedented path in the realm of college athletics, affording student-athletes the opportunity to assert their labor rights and potentially reshape the landscape of collegiate sports. As this case develops, it is poised to have far-reaching implications for the NCAA and its longstanding amateurism model, prompting broader conversations and legal battles about the rights and compensation of student-athletes.