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
February 15
The Office of Personnel Management directs federal agencies to terminate their collective bargaining agreements, and Indian farmworkers engage in a one-day strike to protest a trade deal with the United States.
February 13
Sex workers in Nevada fight to become the nation’s first to unionize; industry groups push NLRB to establish a more business-friendly test for independent contractor status; and UFCW launches an anti-AI price setting in grocery store campaign.
February 12
Teamsters sue UPS over buyout program; flight attendants and pilots call for leadership change at American Airlines; and Argentina considers major labor reforms despite forceful opposition.
February 11
Hollywood begins negotiations for a new labor agreement with writers and actors; the EEOC launches an investigation into Nike’s DEI programs and potential discrimination against white workers; and Mayor Mamdani circulates a memo regarding the city’s Economic Development Corporation.
February 10
San Francisco teachers walk out; NLRB reverses course on SpaceX; NYC nurses secure tentative agreements.
February 9
FTC argues DEI is anticompetitive collusion, Supreme Court may decide scope of exception to forced arbitration, NJ pauses ABC test rule.