We have been following the efforts of the Northwestern University football team to unionize.

In potential landmark case, the National Labor Relations Board (NLRB) backed  bid for collective bargaining by Northwestern athletes. Appeals are certain, so final outcome remains unclear. But ruling could add to pressure on the NCAA.

In what could be a landmark case, a regional office of the National Labor Relations Board on Wednesday backed a bid by football players at Northwestern University to unionize.

“I find that all grant-in-aid scholarship players for the Employer’s football team who have not exhausted their playing eligibility are ’employees’ under” the National Labor Relations Act, Peter Sung Ohr, director of the board’s Chicago regional office, wrote in his ruling. Ohr said walk-on players — those without scholarships — do not qualify as employees.

The ruling cites multiple factors in concluding that the scholarship football players at Northwestern are employees: that they perform services for the benefit of their employer and receive compensation (in the form of a scholarship) in exchange, and that scholarship players are “subject to the employer’s control in the performance of their duties as football players.”

Ohr also differentiated the case of Northwestern’s football players from those of graduate teaching assistants at Brown University (in which the NLRB ruled for the university in 2004) because “the players’ football-related duties are unrelated to their academic studies unlike the graduate assistants whose teaching and research duties were inextricably tied to their graduate degree requirements.”

“The players spend 50 to 60 hours per week on their football duties during a one-month training camp prior to the start of the academic year and an additional 40 to 50 hours per week on those duties during the three or four month football season,” the NLRB ruling said. “Not only is this more hours than many undisputed full-time employees work at their jobs, it is also many more hours than the players spend on their studies.”

The decision is historic in its own right, but coupled with controversies surrounding head trauma, lawsuits regarding athletes’ rights (or lack thereof) to profit off their own image, and a new challenge to the National Collegiate Athletic Association’s antitrust exemption, some experts believe it could contribute to the mounting assault on the underlying viability of the NCAA’s century-old amateur model.

The Northwestern case is far from over, as the university said it will appeal the decision to the full National Labor Relations Board in Washington. Northwestern and the NCAA have strongly opposed the concept of a players’ union, arguing that college football players are primarily students, not employees.


 
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