Jon Weinberg is a student at Harvard Law School.
Yesterday, the National Labor Relations Board declined jurisdiction in a case involving scholarship football players at Northwestern University. The complete decision can be found here. The Board did not address whether scholarship college athletes are statutory employees under the National Labor Relations Act. Instead, the Board dismissed the representation petition by the College Athletes Players Association by exercising its discretion not to assert jurisdiction in the case, concluding that asserting jurisdiction “would not effectuate the policies of the NLRA to promote stability in labor relations.”
The fact sheet released by the N.L.R.B. cites two primary findings as central to the decision not to assert jurisdiction:
1. The nature of NCAA Division 1 FBS football — comprised of roughly 125 college and university teams — which exercises a substantial degree of control over individual member teams, including the terms and conditions under which the scholarship players practice and play.
2. The composition and structure of FBS football in which the overwhelming majority of competitors are public colleges and universities over which the Board cannot assert jurisdiction. Asserting jurisdiction over the single team in this case would likely have ramifications for those other member teams.
ESPN, The New York Times and The Wall Street Journal have more on the decision, which amounts to a victory for Northwestern and the National Collegiate Athletic Association.
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November 28
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November 27
Amazon wins preliminary injunction against New York’s private sector bargaining law; ALJs resume decisions; and the CFPB intends to make unilateral changes without bargaining.
November 26
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November 25
In today’s news and commentary, OSHA fines Taylor Foods, Santa Fe raises their living wage, and a date is set for a Senate committee to consider Trump’s NLRB nominee. OSHA has issued an approximately $1.1 million dollar fine to Taylor Farms New Jersey, a subsidiary of Taylor Fresh Foods, after identifying repeated and serious safety […]
November 24
Labor leaders criticize tariffs; White House cancels jobs report; and student organizers launch chaperone program for noncitizens.
November 23
Workers at the Southeastern Pennsylvania Transportation Authority vote to authorize a strike; Washington State legislators consider a bill empowering public employees to bargain over workplace AI implementation; and University of California workers engage in a two-day strike.