NLRB Ruling Could Pave the Way for College Athlete Unionization
ICARO Media Group
In a landmark decision, the National Labor Relations Board (NLRB) regional director has ruled that Dartmouth College basketball players are considered employees of the school under U.S. labor law. This ruling has the potential to reshape the landscape of college sports and may open the door for unionization among all NCAA athletes.
The NLRB director's ruling comes after all 15 members of Dartmouth's men's basketball team signed a petition in September to join the Service Employees International Union. This union already represents some of the school's employees. The ruling was based on Dartmouth's control over the players' work and the compensation they receive.
The Ivy League, where Dartmouth competes, does not provide athletic scholarships, unlike other Division I institutions. The ruling addressed the non-monetary compensation received by the players and the level of control exercised by the school, leading to the determination that they are indeed employees.
Representatives of the Dartmouth basketball team expressed their satisfaction with the ruling, stating that it is a significant step forward for college athletes. They believe that other athletes will be inspired by this decision and join the unionization movement, aiming to advocate for athletes' rights and well-being.
This ruling challenges the long-held position of the NCAA and universities, who have consistently maintained that athletes are students and not employees. The NCAA has even lobbied Congress for a federal law to codify this classification. However, the NLRB's decision signifies the potential shift towards recognizing college athletes as employees.
While this ruling marks a significant milestone, it also raises questions about the scope of employee status in college institutions. Legal experts and sports law professors have questioned whether this decision could have unintended consequences, potentially extending employee status to other student groups, such as music students.
Dartmouth College has announced its plan to appeal the ruling. The school argues that athletics at Dartmouth serve an academic mission, with the primary objective of education. Additionally, Dartmouth pointed out that their athletic program's costs exceed any revenue generated, and athletes are not compensated or provided with athletic scholarships.
The NCAA's amateurism model has faced continued criticism and is currently under various legal and political threats. This ruling adds to the mounting pressure on the NCAA to reconsider its stance and potentially reshape the compensation landscape for college athletes.
The decision by the NLRB regional director aligns with a 2021 memo from the board's top lawyer, who argued that college athletes should be considered employees. This shift in perspective further solidifies the idea that college athletes, like professional athletes, engage in business ventures that generate substantial financial benefits.
It remains to be seen how this ruling will impact the future of college sports and unionization efforts among NCAA athletes. With the NCAA's control over athlete compensation potentially at stake, college athletes could be inching closer to a system where they not only receive additional compensation but also have a voice in determining the extent of their compensation.