Labor Board Signals Major Changes to Athlete Classification, Amateurism

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In March 2014, the regional director for the National Labor Relations Board (NLRB) in Chicago held that Northwestern University football players who receive grant-in-aid scholarships are “employees” within the meaning of Section 2(3) of the National Labor Relations Act. As a result of the regional director’s findings, scholarship football players would have been entitled to unionize and be represented for the purposes of collective bargaining [Northwestern University v. College Athletes Players Association, Case 13-RC-121359 (March 26, 2014)].

Northwestern, not willing to accept that players are employees, appealed to the full NLRB in Washington. On Aug. 17, 2015, the NLRB surprised many when it refused to answer the question of whether college athletes are employees. Instead, the NLRB passed the issue on to Congress by ruling that “even if the scholarship players were statutory employees (which, again, is an issue we do not decide), it would not effectuate the policies of the Act to assert jurisdiction” [Northwestern University v. College Athletes Players Association, Case 13-RC-121359 (Aug. 17, 2015)]. In other words, the NLRB refused to decide the case because it believed that it was an issue better left to Congress, the courts or college sport administrators.

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