National Labor Relations Board on student athlete employee issue

[TNUtoNotreDame]

On Wednesday, Jennifer Abruzzo, general counsel of the National Labor Relations Board released a memo arguing that certain college athletes can be considered employees under the National Labor Relations Act and therefore, are workers eligible to unionize.

"Under common law, an employee includes a person 'who perform services for another and [is] subject to the other's control or right of control,'" she writes.

The memo specifically addresses a case in which Northwestern University football players sought union representation; their petition was dismissed by the NLRB in 2015. Abruzzo mentions the decision and argues that "certain Players at Academic Institutions are employees under the Act and are entitled to be protected from retaliation when exercising their Section 7 rights."

Section 7 of the NLRA guarantees employees "the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection," as well as the right "to refrain from any or all such activities."

Abruzzo's memo also reveals that she will pursue action against schools that "misclassify" players as "student-athletes," on the grounds that it creates a "chilling effect" that discourages them from asserting their rights

https://www.cnbc.com/2021/09/29/col...onsidered-employees-says-top-nlrb-lawyer.html

 

[TNUtoNotreDame]

Why this matters to ND


"Notre Dame's just not prepared to participate in any model where the athlete isn't a student first and foremost — that's the hallmark for us," Notre Dame AD Jack Swarbrick told USA TODAY Sports after a Knight Commission on Intercollegiate Athletics meeting here during which he appeared as a panelist. "If the entire model were to move toward athletes as employees, we'd head in a different direction. Our president has been clear about that. I'm not articulating a unique position."


https://www.usatoday.com/story/spor...knight-commission-nlrb-labor-unions/27598219/

 

[IrishLax]

This is a bizarre statement that flies in the face of precedent on the topic and is unlikely to stand up in court when challenged.

 

[TNUtoNotreDame]

https://energycommerce.house.gov/com...-to-their-name

The above is a hearing where the NCAA will be sharing on NIL and other stuff. COuld get interesting.

Safeguard the Nonemployment Status of Student-Athletes

Student-athletes are and should remain students first. Their fundamental focus should always be his or her academic success. In any federal legislation, Congress should clearly articulate that student-athletes are not school employees and cannot be hired and fired. Converting student-athletes into employees will significantly and irreparably interfere with student-athletes’ higher education experience and shatter college athletics and the broad-based scholarship and participation opportunities it provides for nearly half a million student-athletes each year.
--Mark Emmert​

Prohibiting employee status for college athletes – opposed.

Targeting and stripping college athletes of rights under labor laws is unethical and racially discriminatory. Plenty of regular students are university employees and this exclusion would have a disperate impact on thousands of college athletes from protected classes. Third party NIL reform does not invoke employee status so there is no need for Congress to address this issue at all.
--Ramogi Huma​

 

[Pops Freshenmeyer]

Just to clarify the NLRB's authority concerns labor organizations. Even if student-athletes can form a collective bargaining organization (i.e. a labor union), it doesn't affect the rules concerning compensation pf student-athletes.

But with the SC's recent ruling on educational benefits that does create something to bargain over, I suppose.

 

[TNUtoNotreDame]

Just to clarify the NLRB's authority concerns labor organizations. Even if student-athletes can form a collective bargaining organization (i.e. a labor union), it doesn't affect the rules concerning compensation pf student-athletes.

But with the SC's recent ruling on educational benefits that does create something to bargain over, I suppose.

Imagine the lawyers lining up waiting to sue for workers comp claims and concussions.. This could turn into a huge mess and one ND will not want to be a party too.

With the headwinds that amateurism is facing right now we (ND) are in a uncertain area. Along with other privates universities.

 

[Pops Freshenmeyer]

The point of worker’s comp is that you can’t sue and it caps the employer’s liability at a relatively low level. In Indiana it’s based on your wages before your injury.

So while I worry about the unintended consequences of the structural changes to CFB, I don’t think one is impactful.

Though if compensation changes private schools will be on a significantly different footing from public ones due to the intricacies of federal/state jurisdiction.