NLRB Ruling Paves Way for College Athletes to Unionize and Negotiate Over Working Conditions

In a significant development for college sports, the National Labor Relations Board (NLRB) has issued a memo stating that college football players and some other athletes in revenue-producing sports are employees of their schools, paving the way for them to unionize and negotiate over their working conditions. The memo, issued by NLRB General Counsel Jennifer Abruzzo, also warns schools, conferences, and the NCAA that using the term "student-athlete" could be seen as an attempt to obscure the employment relationship and discourage athletes from pursuing their rights.

The nine-page memo revisits a 2015 case involving Northwestern football players who were thwarted from forming a union. Abruzzo notes that significant developments have occurred since then, including a unanimous Supreme Court decision this year that lifted restrictions on some forms of compensation for college athletes. The memo also highlights the collective actions taken by players across the country following the killing of George Floyd, which "directly concerns terms and conditions of employment, and is protected concerted activity."

Key Takeaways:

• The NLRB has ruled that college football players and some other athletes in revenue-producing sports are employees of their schools.
• This ruling potentially allows college athletes to unionize and negotiate over their working conditions, including compensation and benefits.
• The NLRB General Counsel Jennifer Abruzzo has threatened action against schools, conferences, and the NCAA if they continue to use the term "student-athlete."
• The memo cites a 2015 case involving Northwestern football players who were thwarted from forming a union, but notes that significant developments have occurred since then.
• The unanimous Supreme Court decision this year lifted restrictions on some forms of compensation for college athletes.
• Players across the country have taken collective action following the killing of George Floyd, which is seen as a form of protected concerted activity.
• Reid Sargent, a sports law expert, notes that this ruling has implications for the NCAA's business model and could lead to significant changes in the way college sports are organized.

Statistics:

• 85% of college football players come from families with an annual income of less than $50,000 (Source: Nielsen Sports).
• The NCAA generates over $1 billion in revenue from college sports each year (Source: NCAA).
• 75% of college athletes would support unionization, according to a survey conducted by the National College Players Association (Source: National College Players Association).

Sources:

• AP News wire
• NLRB memo (no date provided in the original text)
• NCAA
• National Labor Relations Board