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National Regional Labor Union Board orders Dartmouth Basketball team a union election.

Posted on 2/5/24 at 4:21 pm
Posted by WildcatMike
Lexington, KY
Member since Dec 2005
41528 posts
Posted on 2/5/24 at 4:21 pm
quote:

Major college sports news: The National Labor Relations Board Regional Director in Region 1 (Boston) has issued a decision, ruling Dartmouth men's basketball players are employees of Dartmouth. NLRB ordering a union election.
This post was edited on 2/5/24 at 4:22 pm
Posted by bad93ex
Member since Sep 2018
27021 posts
Posted on 2/5/24 at 4:25 pm to
This will assuredly go to the Supreme Court.
Posted by WildcatMike
Lexington, KY
Member since Dec 2005
41528 posts
Posted on 2/5/24 at 4:27 pm to
quote:

This isn’t the first time the NLRB has recognized an employee argument by college athletes But this will ultimately be decided by the Supreme Court (likely against colleges) if Congress/NCAA don’t make decisions quickly
Posted by TulaneUVA
Member since Jun 2005
25881 posts
Posted on 2/5/24 at 4:44 pm to
I have low background in labor laws but that was my first thought: this feels like the fall out when there’s a lack of leadership. The NCAA probably filled that role and is essentially now a castrated whipping boy at this point. I understand the big conferences wanting more autonomy without the NCAA but this is not a step in the right direction
Posted by chalmetteowl
Chalmette
Member since Jan 2008
47489 posts
Posted on 2/5/24 at 4:46 pm to
quote:

Dartmouth men's basketball players are employees of Dartmouth.


Does Dartmouth know they’re employees?

I find it chilling they can just rule regular students are employees even if they don’t want to be and the school doesn’t want them to be

What’s to stop them from claiming wives are employed by husbands (or vice versa) for example?
This post was edited on 2/5/24 at 9:35 pm
Posted by faraway
Member since Nov 2022
1951 posts
Posted on 2/5/24 at 4:51 pm to
quote:

but this is not a step in the right direction
from whose perspective? I think the players would disagree. do you also work for free while your company makes a lot of money off your labor?
Posted by tigerskin
Member since Nov 2004
40077 posts
Posted on 2/5/24 at 4:54 pm to
Ivy league schools don’t offer athletic scholarships right?

Obviously they have ways to pay them but short white guys for Dartmouth probably aren’t worth paying much.


Edit: I found this comment from a sports law guy

“5) The Dartmouth basketball players perform work in exchange for "compensation," despite the fact that they don't receive athletic scholarships. Instead, they receive many other benefits, including early admissions reads, apparel, meals, lodging, etc. "Employee status will be found where there is a rudimentary economic relationship," and payment/compensation "need not be large or otherwise significant in amount."
This post was edited on 2/5/24 at 5:10 pm
Posted by Jack Ruby
Member since Apr 2014
22715 posts
Posted on 2/5/24 at 4:54 pm to
College laboratories and science departments famously use free student labor and get millions in research grants every cycle because of it.

Are the PhD lab students employees?

How is this any different?
Posted by SoFla Tideroller
South Florida
Member since Apr 2010
30024 posts
Posted on 2/5/24 at 5:11 pm to
Does being classified "employees" impact Title IX at all?
Posted by tigerskin
Member since Nov 2004
40077 posts
Posted on 2/5/24 at 5:35 pm to
Good question. Don’t know.

Seems like everyone has more questions than answers right now.
Posted by wildtigercat93
Member since Jul 2011
112279 posts
Posted on 2/5/24 at 5:40 pm to
quote:

College laboratories and science departments famously use free student labor and get millions in research grants every cycle because of it. Are the PhD lab students employees? How is this any different?


It’s not a lot but PHD students are typically paid.

They certainly are also very exploited in a similar (and worse) way as college athletes, so in that way they are the same. Usually they don’t even let you have real employment, pay you dog shite, and then still say you aren’t an employee

One just is a for profit venture so the money is bigger, and the money is on national TV every week.
Posted by Bunk Moreland
Member since Dec 2010
53051 posts
Posted on 2/5/24 at 5:41 pm to
Northwestern wasn't allowed to organize back in 2015.
Posted by TigersnJeeps
FL Panhandle
Member since Jan 2021
1627 posts
Posted on 2/5/24 at 5:43 pm to
When I was a teaching assistant and research assistant at Auburn, I was paid for the hours.

May have been different in other departments.
Posted by dukkbill
Member since Aug 2012
766 posts
Posted on 2/5/24 at 5:45 pm to
quote:

e the PhD lab students employees?


I don’t know what you mean by lab students, but if a graduate student performs research or similar tasks, they are employees pursuant to the NLRA. National Law Review

The NLRB was going to change that with tulemaking but they withdrew the rule
Posted by tigerskin
Member since Nov 2004
40077 posts
Posted on 2/5/24 at 5:47 pm to
Sports Law professor’s take about comparison to Northwestern:

“A few additional notes on the Dartmouth unionization case. In the Northwestern case in 2015, the Regional Director held football players were employees, but the full Board declined to take the case because the NLRA only applies to private employers and most FBS schools are public. That's not an issue here because all schools in the Ivy League are private.“
This post was edited on 2/5/24 at 5:48 pm
Posted by nicholastiger
Member since Jan 2004
42375 posts
Posted on 2/5/24 at 5:56 pm to
Schools will start dropping athletics
Posted by Gravitiger
Member since Jun 2011
10390 posts
Posted on 2/5/24 at 6:08 pm to
quote:

Northwestern wasn't allowed to organize back in 2015.
The NLRB never formally decided whether they were employees and eligible for organization. They just declined to exercise jurisdiction at the time because it would have thrown college sports into chaos.
Posted by dukkbill
Member since Aug 2012
766 posts
Posted on 2/5/24 at 6:08 pm to
(no message)
This post was edited on 2/5/24 at 6:09 pm
Posted by TigerintheNO
New Orleans
Member since Jan 2004
41161 posts
Posted on 2/5/24 at 6:17 pm to
It would only apply to private schools, state public employees don't not have a federal right to unionize.
Posted by Dairy Sanders
Member since Apr 2022
660 posts
Posted on 2/5/24 at 8:37 pm to
If they are employees then they can be fired.

Unions wouldn’t even work for college football anyways. If you do it on the team level, players in the union will realize it’s not in their best interest as individuals and what if a player joins the union and the coach has no interest in having him on the roster?

Doing it at the conference or division level adds exponentially more issues.
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