Dartmouth Basketball Players Deemed School Employees by NLRB, Paving the Way for Union Vote

A recent decision by a National Labor Relations Board (NLRB) regional official has classified Dartmouth basketball players as employees of the school, a ruling that could lead to the formation of the first-ever labor union for NCAA athletes. The ruling allows for an election that could enable the players to join Local 560 of the Service Employees International Union, which already represents other staff members at Dartmouth. This potential unionization would grant the players the ability to negotiate not just their compensation but also their working conditions, including practice hours and travel arrangements.

NLRB Ruling and Implications

Laura Sacks, the NLRB Regional Director, stated, "Because Dartmouth has the right to control the work performed by the Dartmouth men's basketball team, and the players perform that work in exchange for compensation, I find that the petitioned-for basketball players are employees within the meaning of the (National Labor Relations) Act." This decision challenges the long-held stance of the NCAA and many universities, which assert that their athletes are students, not employees. The NCAA has even sought congressional support for legislation to solidify this classification and is currently facing a federal lawsuit in Pennsylvania on the matter. The potential employee status of college athletes has significant implications for the NCAA's amateur athlete model, which is currently facing multiple legal challenges. Gabe Feldman, a sports law professor at Tulane, described the ruling as "the first step to potential employee status for college athletes." The school has the option to appeal the regional director's decision to the national board, a course of action taken previously when members of the Northwestern football team sought to hold a union election in 2014.

Future Developments and Legal Context

In light of the recent ruling, an election can proceed, and the ballots can be counted while an appeal is underway. It is worth noting that all eight Ivy League schools are private and do not offer athletic scholarships, which could influence the decision of the full board regarding the Dartmouth basketball players' employee status. The broader ramifications of this ruling are evident in ongoing proceedings in California, where a complaint contends that football and basketball players at the University of Southern California should be recognized as employees of the school, the Pac-12 Conference, and the NCAA. Moreover, a memo from the NLRB's top lawyer in 2021 stated that college athletes should be considered employees, emphasizing the significant financial and commercial aspects of their participation in collegiate sports.

Arguments and Counterarguments

During the hearing, Dartmouth contended that the players should not be classified as employees because athletics are integral to the school's academic mission. The college maintained that students who participate in intercollegiate athletics are students first and athletes second. However, attorneys for the players countered by highlighting the substantial revenue generated by the basketball team and the level of control exerted by coaches over the players, underscoring the commercial nature of college sports.

Ripple Effects in Collegiate Sports

Beyond the NLRB ruling, the collegiate sports model founded on amateurism is confronting numerous legal and political challenges, including at least six antitrust lawsuits against the NCAA. The recent Supreme Court decision and subsequent NCAA rule changes have also expanded the ways in which college athletes can receive compensation for their name, image, and likeness.

Looking Ahead

As the landscape of collegiate sports continues to evolve, the potential unionization of Dartmouth basketball players and the broader debate about the employee status of college athletes represent significant developments. The outcome of these proceedings could have far-reaching implications for the future of NCAA athletics and the treatment of student-athletes.