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Freddie Stubbs

(29,853 posts)
Mon Aug 17, 2015, 12:22 PM Aug 2015

N.L.R.B. Says Northwestern Football Players Cannot Unionize

Source: The New York Times

The National Labor Relations Board on Monday dismissed a petition by Northwestern football players who were seeking to unionize, denying their claim that they were university employees. In a unanimous decision that was a clear victory for the college sports establishment, the five-member Board declined to exert its jurisdiction in the case and preserved, for now, one of the N.C.A.A.’s core principles: that college athletes are primarily students.

The board did not rule on the central question in the case — whether the players are university employees — but the decision is a major setback to the union movement, which was led by the former Northwestern quarterback Kain Colter and backed by the College Athletes Players Association, a United Steelworkers-supported group that sought to represent the players.

In a conference call with reporters Monday, N.L.R.B. officials explained that the novelty of the case — no other single team in a sports league had come before the Board seeking to unionize — was a factor in its decision that would have wide-ranging consequences for college sports. The board decided that allowing one team to collectively bargain would not promote stability in the labor market and could upset competitive balance in college sports. It could also potentially conflict with the rules set by Northwestern’s conference, the Big Ten, and the N.C.A.A.

The N.L.R.B., which has jurisdiction only over the private sector, was also reluctant to wade into territory that would have affected public universities. The vast majority of top-level college football programs are from public colleges, and Northwestern is the only private institution in the Big Ten. The College Athletes Players Association cannot appeal Monday’s decision, an N.L.R.B. official said.

Read more: http://www.nytimes.com/2015/08/18/sports/ncaafootball/nlrb-says-northwestern-football-players-cannot-unionize.html?_r=0

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tularetom

(23,664 posts)
1. Yes, that would imply that they are actually getting paid
Mon Aug 17, 2015, 12:37 PM
Aug 2015

Which, of course, we all know that nothing could be further from the truth.

See, they are "student athletes" not hired gladiators. Anyway that's what we keep hearing.

That petition had to be thrown out, it would have meant the end of the NCAA and that would be a tragedy, wouldn't it?

erronis

(15,303 posts)
3. And without those revenues (collegiate broadcasts, alumni support for THEIR teams),
Mon Aug 17, 2015, 01:36 PM
Aug 2015

How would those poor schools continue to build huge buildings and pay exorbitant administrator (president) salaries?

It only took 100-150 years for greed to take over some pretty good ideas about education. Can't wait for a new Gibbons "Rise and Fall" documenting the raping of society and learning.

BlueEye

(449 posts)
2. In many ways, it seems arrogant that these athletes demand to be paid...
Mon Aug 17, 2015, 01:12 PM
Aug 2015

when most of them already have a full ride, and when the majority of their peers are assuming crushing debt burdens to finance their educations. Not that I am entirely unsympathetic to the student athletes' grievance, but I would definitely subordinate their demands to the greater problem here; spiraling costs of education thanks to harsh budget cuts and predatory lending practices.

When we have a higher educational system resembling that of Germany or the Nordic countries, then we can talk about unionizing football.

eggplant

(3,911 posts)
4. They are asking for the right of collective bargaining, not "to be paid".
Mon Aug 17, 2015, 02:10 PM
Aug 2015

Let's keep our eyes on the ball here.

eggplant

(3,911 posts)
8. They are employed.
Mon Aug 17, 2015, 04:37 PM
Aug 2015

They receive tangible benefits from the school (tuition, room and board) in exchange for playing football. If they get injured, they're fucked. The things the school "gives" them is predicated on their performing work on behalf of the school -- as specified by the school, including which hours they have to work.

Pretty much sounds like the exact definition of employee.

eggplant

(3,911 posts)
11. Yes, but that's not the point.
Mon Aug 17, 2015, 06:32 PM
Aug 2015

You asked how they could be considered employees without a paycheck. I answered your question.

former9thward

(32,028 posts)
16. Not what they said.
Mon Aug 17, 2015, 08:57 PM
Aug 2015

They did have jurisdiction with Northwestern and said those players could not organize. Those don't have jurisdiction with public schools.

KeepItReal

(7,769 posts)
17. My response was to an assertion about NLRB saying players weren't employees
Mon Aug 17, 2015, 09:56 PM
Aug 2015

"The Board did not determine if the players were statutory employees under the National Labor Relations Act (NLRA). Instead, the Board exercised its discretion not to assert jurisdiction and dismissed the representation petition filed by the union."

https://www.nlrb.gov/news-outreach/news-story/board-unanimously-decides-decline-jurisdiction-northwestern-case

And yeah they did say since they didn't have jurisdiction over all Big 10 schools, they wouldn't use any at all. But that wasn't what I was responding to. It was the idea that NLRB ruled players were not employees.

goldent

(1,582 posts)
15. About getting injured...
Mon Aug 17, 2015, 07:46 PM
Aug 2015

Many schools (not sure if all or even most of them) honor the scholarship if you get injured. There was a case this year where a high school senior was signed on, and afterward it was found he had an injury in his senior year and would not be cleared to play at all in college. His four year scholarship was honored even then. Of course he didn't take the offer -- he went and found a college whose doctors would let him play.

BlueEye

(449 posts)
6. Collectively bargain for what?
Mon Aug 17, 2015, 03:09 PM
Aug 2015

Full tuition? Full room and board? A $3,000 per semester meal allowance? A book and supply stipend?

They already get those things. The biggest argument that I have heard for unionizing the athletes is that they would be able to collectively bargain for the right to market themselves, and/or convert their personal affects into income. To generate personal gain off of their athlete status. Now, I actually think they ought to be able to do that, to a reasonable extent (ie, pay taxes, nothing illegal, etc.). However, the key thing is that it's not *just* the University that is prohibiting athletes from these activities. It's the NCAA, the regulatory body ultimately responsible for setting the rules.

So, it's not simply an issue between the athletes and their "employer" (per their argument), which is the University. That is between the athletes and the ultimate regulatory body, the NCAA. The problem is that CBAs are not between labor and regulatory bodies (governmental or quasi-governmental). It's between labor and management ONLY.

Even if the athletes had won their case to unionize, I fail to see how they would succeed in getting the NCAA to change anything. It would be like United Steel Workers trying to bargain with the State Department to permit Keystone XL. Good luck with that.

eggplant

(3,911 posts)
7. You already list a number of things.
Mon Aug 17, 2015, 04:34 PM
Aug 2015

And I do agree that the issue is with the NCAA, but it is also with the schools. It is the school that "pays" them -- tuition, room and board, etc.

But there is a lot more going on. If they get injured, they lose everything -- everything they get towards an education is gone. If they get seriously injured, they're fucked in terms of healthcare. So, no, it's not just about money.

Basically, they are slaves to the terms the school and the NCAA set. Collective bargaining addresses this inequity. Given the absurd amount of money they generate for the school and the NCAA, it isn't unreasonable to want a union to act on their behalf.

cstanleytech

(26,299 posts)
10. Well then they should push for some reforms so that if they are injured while they are in uniform
Mon Aug 17, 2015, 05:21 PM
Aug 2015

either playing or practicing that they can get to keep most if not all of the education benefits, its only fair after all.

eggplant

(3,911 posts)
12. You know what would help them "push for some reforms"? A union.
Mon Aug 17, 2015, 06:35 PM
Aug 2015

And if the NCAA and the schools weren't being such assholes about it, they wouldn't need one. Clearly they do, regardless of the NLRB ruling.

Without collective bargaining, players have ZERO leverage to get ANY reforms enacted. Why is this so hard for people to understand?

cstanleytech

(26,299 posts)
13. I agree, a union could and probably would help them but this ruling pretty much kills that
Mon Aug 17, 2015, 07:09 PM
Aug 2015

and unless there is a process to appeal this ruling they are just going to have to make do without one.

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