The recent decision authorizing NCAA athletes to unionize for the first time has sparked a complex and potentially far-reaching development. The National Labor Relations Board has granted the Dartmouth men’s basketball team the opportunity to vote on establishing a union, potentially setting a precedent for all college sports.
In essence, this ruling redefines the players’ status from “student-athletes” to “student-employees” at Dartmouth. The NLRB official determined that the players deserve compensation for the work they contribute to the school, particularly in light of the lack of athletic scholarships. This paves the way for Dartmouth players to potentially engage in collective bargaining for salary, working conditions, and other privileges.
Dartmouth has opted to challenge the ruling, potentially triggering a protracted legal process that could ultimately reach the Supreme Court. Nevertheless, this ruling poses a significant challenge to the NCAA’s existing amateurism model.
In the immediate future, the 15 players on the Dartmouth roster will vote on whether to unionize, with a simple majority of eight players required to formalize their entry into the Local 560 of Service Employees Union. If successful, this vote could inspire other schools to follow suit, potentially setting off a chain reaction nationwide.
Of particular interest is the fact that the Ivy League’s specific profile – consisting of private schools that do not offer sports scholarships and do not generate significant revenue – did not appear to influence the NLRB official’s decision. The focus remains on acknowledging the contribution of student-athletes in exchange for appropriate compensation.
The significance of this development cannot be overstated. Previous attempts to unionize college athletes were rebuffed by the NLRB, underscoring the considerable change in perspective represented by this current ruling. Furthermore, the legal action initiated by Michael Hsu against USC and the Pac-12 further challenges the traditional “student-athlete” label.
The NCAA finds itself in a precarious position, facing the looming prospect of federal legislation regulating athletes’ Name, Image, and Likeness (NIL). Should the Dartmouth ruling hold, it could pave the way for a clearer compensation system for NCAA athletes, potentially eliminating the necessity for NIL collectives.
The testimonies of players during NLRB hearings underscore the extensive time and effort they dedicate to their sports. This issue is clearly gaining momentum, as indicated by the memo from the NLRB general counsel in September 2021, supporting the notion of classifying players as employees and remunerating them accordingly.
As the legal battle unfolds, it becomes increasingly apparent that the landscape of college sports could undergo a substantial transformation if the Dartmouth ruling stands. The precise implications for the dynamics of college sports remain uncertain, but the wide-ranging ramifications of this decision are undeniable.