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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September 15
Documents reveal the inner workings of Amazon's union avoidance program; Washington state public sector unions reach tentative deals amid a difficult bargaining cycle; hundreds of Nevada Culinary Union members protest their union's health care changes.
September 14
NCAA and Big Ten file motion to dismiss in former star player's NIL suit; Seventh Circuit rules against former postal worker in discrimination suit.
September 13
Documents released on the 25th anniversary of the 9/11 attacks show that city officials encouraged workers to return to Ground Zero despite knowing the risks of asbestos exposure, and new polls demonstrate continued widespread support for labor unions.
September 10
Amazon workers allege pregnancy discrimination; federal unions challenge USDA reorganization; NYC warns of silicosis risks.
September 9
Wynn Las Vegas employees allege anti-union retaliation; Amazon faces a class action over pregnancy accommodations; H-1B demand plunges following a six-figure visa fee.
September 8
In today’s News and Commentary, workers and unions across America celebrate Labor Day, California’s SEIU Local 1000 prepares for a strike authorization vote, and New York City creates the Office of Worker Power. On Monday, labor unions and workers gathered in cities across the United States in celebration of Labor Day. Parades and rallies took […]