Dartmouth Basketball Players Granted Employee Status, Clearing Path for NCAA Athlete Union
In a groundbreaking decision, the National Labor Relations Board (NLRB) has ruled that Dartmouth basketball players are employees of the school, paving the way for the creation of the first labor union for NCAA athletes. This decision could have far-reaching implications for college sports nationwide, as it grants players the ability to negotiate not only their salaries but also their working conditions, including practice hours and travel.
The ruling came after all 15 members of the Dartmouth men’s basketball team signed a petition in September to join Local 560 of the Service Employees International Union, which already represents some other employees at the Ivy League school in Hanover, New Hampshire. NLRB Regional Director Laura Sacks stated in her ruling that the players are considered employees because Dartmouth has the right to control the work performed by the team, and the players receive compensation in exchange for their services.
This decision has been hailed as a significant step forward for college athletes by Dartmouth basketball player representatives Cade Haskins and Romeo Myrthil. They believe that this ruling will inspire other athletes to follow suit and form their own unions. In fact, they have announced plans to create the Ivy League Players Association for basketball players across the league. The association aims to advocate for athletes’ rights and well-being and create a platform for collaborative decision-making.
However, the NCAA and universities across the country have long insisted that their athletes are students, not employees. They have even lobbied Congress for a federal law that would codify this classification. The NCAA is currently facing a federal lawsuit in Pennsylvania on this very subject, and the outcome of this case could have a significant impact on the future of college sports.
Gabe Feldman, a sports law professor at Tulane University, believes that this ruling is just the first step towards potential employee status for college athletes. He points out that while this decision specifically applies to Dartmouth men’s basketball players, it raises questions about other athletes and even students in different fields. For example, if basketball players are considered employees, does that mean that music students are also employees? This ruling may open the door to broader discussions about the status of students in various extracurricular activities.
The school still has the option to appeal the regional director’s decision to the national board, as what happened when members of the Northwestern football team held a union election in 2014. However, unlike the Northwestern case, an election can now be held and ballots counted while an appeal is pending. This could potentially expedite the process and allow for quicker resolution.
The collegiate sports model based on amateurism has been facing numerous legal and political threats in recent years. In addition to the NLRB ruling, the NCAA is currently facing at least six antitrust lawsuits challenging its rules on compensation for athletes. The model has been gradually crumbling, especially after a 2021 Supreme Court ruling that opened the door for college athletes to profit from their name, image, and likeness. This ruling by the NLRB further erodes the traditional amateur athlete model and brings us closer to a system where college athletes not only receive additional compensation but also have a say in determining their own compensation.
Tony Clark, the executive director of the Major League Baseball Players Association, praised the NLRB ruling, stating that it shows “college athletes are employees, entitled to basic rights and fair compensation for their labor that has created a multibillion-dollar industry.” He believes that this landmark decision will improve the lives of all college athletes for generations to come.
As the landscape of college sports continues to evolve, it is clear that change is on the horizon. The NLRB ruling in favor of Dartmouth basketball players being classified as employees is a significant development that challenges the traditional notion of amateurism in college athletics. It remains to be seen how this decision will impact other schools and sports programs, but one thing is certain: the power dynamics in college sports are shifting, and athletes are demanding a seat at the table.