The men’s basketball team at Dartmouth College has made history by voting to form the first labor union in college sports. This decision could potentially bring about significant changes to the traditional amateur model upheld by the NCAA.
With a significant majority of 13-2, the 15-player roster decided in favor of unionization. The team will be represented by the local chapter of the Service Employees International Union, a prominent labor union in the United States, for any collective bargaining determinations.
The National Labor Relations Board has stated that Dartmouth is obligated to engage in sincere negotiations with the players’ representative and to endorse any collective bargaining agreement that is reached. Following the vote, there is a period of five business days during which the involved parties can file objections. If no objections are received, the NLRB will certify the union as the bargaining representative for the players.
It is within Dartmouth’s rights to contest the ruling in a federal appeals court. Nonetheless, the decision to unionize is a momentous step away from amateurism and towards an “employee” model for certain athletes.
This vote comes after a regional director for the National Labor Relations Board ordered a union election for the program, asserting that the school has the authority to supervise the work carried out by the players. The director’s ruling states that because the players perform work in exchange for compensation, they should be regarded as school employees under the National Labor Relations Act.
The regional director’s ruling further emphasized that Dartmouth exercises substantial control over the basketball players’ work. The student-athlete handbook was cited as functioning in many ways as an employee handbook. Examples were provided to illustrate how the university administrators and coaches determine the players’ activities and schedules. For instance, special permission is required for a player to even get a haircut during a trip.
Dartmouth contended that such regulations were essential for the players’ safety and are no different from the rules applied to the general student body. However, the contention was dismissed, and the ruling highlighted the distinct level of individual support and special consideration received by those involved in high-profile Division I collegiate athletics.
This case at Dartmouth marks the second instance in the past ten years that an NLRB regional director has ordered a union election for athletes in an NCAA program. While the results of the previous election involving the Northwestern football team were not disclosed, the NLRB’s Los Angeles office presently has a pending case against the University of Southern California, the Pac-12 Conference, and the NCAA regarding the employment status of football and basketball players.
Additional NLRB cases are ongoing, including one in the Chicago office, which is investigating an unfair labor practice charge against Northwestern, and another in the Indianapolis office, which is looking into an earlier charge filed by the College Basketball Players Association against the NCAA.
The formation of a labor union by the Dartmouth men’s basketball team has certainly sparked a significant development in the landscape of college athletics. It remains to be seen how this decision will influence the representation and treatment of student-athletes across the country.