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.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
July 1
Trump nominates Keith Sonderling as Labor Secretary; OPM finalizes rule allowing suitability-based removal of federal employees for post-appointment conduct.
June 30
SCOTUS ends removal protections for agencies; staff at NYC cocktail bar vote to unionize.
June 29
In today’s News and Commentary, student-athletes file a class action suit challenging the NCAA’s new Age-Based Rule, a federal judge declines to issue a preliminary injunction against FEMA’s reduction in force but expedites proceedings, and Gavin Newsom opposes California’s proposed billionaire tax in favor of a federal approach. On Thursday, DeJuan Campbell, at basketball player […]
June 28
Philadelphia utility workers announce July 4 strike; national parks workers vote to unionize; Michigan considers “right to disconnect” bill.
June 26
Mamdani issues workplace heat protections order; Fifth Circuit denies enforcement of NLRB order against Starbucks; AFGE unlikely to secure injunction against FEMA layoffs.
June 25
NLRB orders Amazon to bargain with workers; federal judge blocks ICE agents from making arrests in courthouses.