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Are Student-Athletes Employees?


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On 2/5/2024 at 8:09 PM, BrooklynBull said:

In a case involving Dartmouth the NLRB said yes.  The decision does not impact UB, as UB is not subject to the National Labor Relations Act.

https://apps.nlrb.gov/link/document.aspx/09031d4583c5ebe4

Based on that almost of all youth and high school are pros. I would love to see the P/l of a lot of college teams. The ruling would make hs and youth kids pros.  I would love to see the P/L of img football or oak hill or mont. Academy basketball 

Edited by TheCommish
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5 hours ago, TheCommish said:

Based on that almost of all youth and high school are pros. I would love to see the P/l of a lot of college teams. The ruling would make hs and youth kids pros.  I would love to see the P/L of img football or oak hill or mont. Academy basketball 

The decision has nothing to do with professional or amateur status of the students.  It just makes them employees.  That creates many issues outside of the right to be in a union.

UB Law School is working on a blog post on the decision.  Should be up by next week at the latest.

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4 hours ago, BrooklynBull said:

The decision has nothing to do with professional or amateur status of the students.  It just makes them employees.  That creates many issues outside of the right to be in a union.

UB Law School is working on a blog post on the decision.  Should be up by next week at the latest.

Ub law school would be a week late. You can read hundreds of attorneys on this ruling already.


The point is…how is img academy football players not considered an employee? Img and oak hill are on tv a lot more than Dartmouth. 

the decision will be appealed. Doesn’t apply to state schools, doesn’t apply to schools that compete vs public schools in the same conference ie northwestern. 

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  • 4 weeks later...

How might this affect NIL? Many companies forbid employees from accepting compensation from outside sources. 

How could this impact schools with unprofitable sports programs?

Should school administrators be allowed to fire athlete-employees without coaches making that decision?

Will the hiring of athletes have to follow the same rules as other hirings?

Edited by 1975
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21 hours ago, 1975 said:

How might this affect NIL? Many companies forbid employees from accepting compensation from outside sources. 

How could this impact schools with unprofitable sports programs?

Should school administrators be allowed to fire athlete-employees without coaches making that decision?

Will the hiring of athletes have to follow the same rules as other hirings?

There actually is a very simple answer to all your questions.  They would all be in answered in a collective bargaining agreement.

In an update, the Dartmouth team voted 13-2 to join the union.  What happens next is that Dartmouth will appeal and seek a decision from the full NLRB.  The losing party would then have the right to appeal to the United States Circuit Court of Appeals for the First Circuit.  The case could eventually reach the Supreme Court.

Although a key factor in the decision so far, was the fact that the Ivy League is made up of eight private institutions.  The NLRB declined to take cover the football players at Northwestern, because Northwestern was the only private college in the Big 10.  The rest of the Big 10 is public universities (like UB), that are not covered by the National Labor Relations Act.

Because of the amount of games that Dartmouth plays against public universities, I think the NLRB will decline to take coverage of college athletics.

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3 hours ago, BrooklynBull said:

Because of the amount of games that Dartmouth plays against public universities, I think the NLRB will decline to take coverage of college athletics.

Why would this matter? Would the NLRB only want to cover college athletes if they were considered employees and could unionize across D1?

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5 hours ago, rma said:

Why would this matter? Would the NLRB only want to cover college athletes if they were considered employees and could unionize across D1?

In the Northwestern case the NLRB decided to not make a finding as to whether the football players were employees.  The did not get to the merits of the claim and decided to find that making a decision on the merits would not effectuate the policies of the National Labor Relations Act.  The Board said that asserting jurisdiction over the football players "would not promote stability in labor relations due to the variety of state labor laws laws that would apply to football teams at state run institutions."

In the long run I think that the NLRB will punt the issue again under the same theory.

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