OT: NLRB Rules NU Football Can Unionize, College Sports Will Change Forever

[Tugg Speedman]

It is the first ruling and will be appealed.  But the players won the first ruling and they can unionize. (They want to unionize to demand pay for playing)

NU said if this happens they will have to drop D1 football as they cannot pay.  But, five minutes after they are allowed to unionize, everyone will do it and college sports will never be the same.

Cain Kotler, the leader of a movement

Northwestern football players can unionize, NLRB rules

http://www.chicagotribune.com/business/chi-northwestern-union-bid-20140326,0,6454823.story


By Alejandra Cancino, Tribune reporter

2:24 p.m. CDT, March 26, 2014

Northwestern University football players are employees of the school and are therefore entitled to a union election, Peter Sung Ohr, the regional director of the National Labor Relations Board, said in a ruling released Wednesday afternoon.

Ohr's decision is expected to be appealed to the NLRB in Washington. Labor experts say an election is unlikely to take place until the NLRB makes a decision. If Ohr's decision is upheld, the case would likely make its way through federal appellate court and could reach the Supreme Court.

The decision is "revolutionary for college sports," said Robert McCormick, a  professor emeritus at Michigan State University College of Law who focuses on sports and labor law.

McCormick said Ohr's decision could influence other state and federal agencies. For example, if college players demand compensation for injuries sustained during training or a game, Ohr's opinion could come into play in the question of whether the players are employees under the state Workers' Compensation Act.

Northwestern's football players are the first in college sports to seek union representation. Behind the effort is the College Athletes Players Association, or CAPA, a union funded by Ramogi Huma, a former UCLA linebacker who has become an advocate for players' rights. CAPA is backed by the United Steelworkers, which is covering the group's legal expenses.

Among its demands, CAPA is seeking financial coverage for former players with sports-related medical expenses, independent concussion experts to be placed on the sidelines during games and the creation of an educational trust fund to help former players graduate.

Alan Cubbage, Vice President for University Relations at Northwestern, said in a statement they were disappointed in the decision.

"While we respect the NLRB process and the regional director's opinion, we disagree with it," the university said. "Northwestern believes strongly that our student-athletes are not employees, but students. Unionization and collective bargaining are not the appropriate methods to address the concerns raised by student-athletes."

Northwestern confirmed that it plans to appeal to the full National Labor Relations Board in Washington, D.C.  "We believe that participation in athletic events is part of the overall educational experience for those students, not a separate activity," NU said.

[ChicosBailBonds]

Ruling just came out.  Here we go

[MikeDeanesDarkGlasses]

Way to open up a can of worms!

this most likely will go to the supreme court.  With the amount that MU spend on Bball - I would think this would be an advantage.  Most football schools would throw money at the football programs.  Bball would be ignored, especially at SEC schools in favor of paying recruits to play football. 

If people think BCS conferences shook the landscape for bball programs, paying players would juggle it even more.  Of course, if they are paid already ..... how does that affect one's standing with the NBA?  Technically, players could be drafted while still in school as they are in the professional leagues of Europe.  My guess is that you would have a lot more players staying longer.   

[Benny B]

OF COURSE THE NLRB ALLOWED THIS..... it's the National LABOR relations board.... the CHICAGO branch of the NLRB, no less.

Prediction:
Appeal to DC-NLRB, DC-NLRB upholds CHI-NLRB decision.
Appeal to federal court in Chicago.
Jesse Jackson marches on Northwestern. Later determined he simply forgot to transfer to the Yellow Line at Howard.
Motion for change of venue denied.
Upheld in Chicago district court.
Appealed to SCOTUS.
Scalia beatdown.  Concussions for everyone.
College Football Dead.

[StillAWarrior]

Ruling just came out.  Here we go

This will be interesting.  So, now the NLRB says they can...but will they?  And what will it look like when they try to negotiate their first contract?  (Assuming that this doesn't get overturned along the way.)

In collective bargaining, the employer (i.e., Northwestern) doesn't have to agree to anything.  Putting aside the NCAA for a moment (not sure how they will factor in) any university faced with a unionized team could go to the bargaining table and offer the status quo:  full scholarships, etc.  Or, they could go to the bargaining table and offer something less:  "frankly, we're losing money, so we'll offer 50% scholarships."  And if the players who decide they wanted a union don't like the offer, they can go on strike.  And be replaced.  Presumably losing their scholarships in the process.  Also, if the union can't reach a deal with the employer, ultimately the employer could impose its own terms.

This will be a new frontier.  I'm not entirely sure how it will work out for the athletes.  In some cases, it might work out great.  In other cases...maybe "be careful what you wish for" will be the rule of the day.

[PBRme]

Way to open up a can of worms!

this most likely will go to the supreme court.  With the amount that MU spend on Bball - I would think this would be an advantage.  Most football schools would throw money at the football programs.  Bball would be ignored, especially at SEC schools in favor of paying recruits to play football.  

If people think BCS conferences shook the landscape for bball programs, paying players would juggle it even more.  Of course, if they are paid already ..... how does that affect one's standing with the NBA?  Technically, players could be drafted while still in school as they are in the professional leagues of Europe.  My guess is that you would have a lot more players staying longer.    

Could be a big advantage to schools in right to work states

[StillAWarrior]

And for the record, this is just the region, not the full NLRB.  This is a long, long way from being official or the law of the land.

[Atticus]

I read in another article that if this were to be upheld (which seems unlikely) it would only affect other private schools. We would have to pay our athletes then, too. This could certainly be a recruiting advantage until public schools follow suit. I cant imagine though that schools like Rice and Tulane would be able to offer money to recruits while schools like UCLA and Texas cant.

[WellsstreetWanderer]

saw report where the President of NU said, if this is upheld , he would consider dropping football

[PBRme]

This will be interesting.  So, now the NLRB says they can...but will they?  And what will it look like when they try to negotiate their first contract?  (Assuming that this doesn't get overturned along the way.)

In collective bargaining, the employer (i.e., Northwestern) doesn't have to agree to anything.  Putting aside the NCAA for a moment (not sure how they will factor in) any university faced with a unionized team could go to the bargaining table and offer the status quo:  full scholarships, etc.  Or, they could go to the bargaining table and offer something less:  "frankly, we're losing money, so we'll offer 50% scholarships."  And if the players who decide they wanted a union don't like the offer, they can go on strike.  And be replaced.  Presumably losing their scholarships in the process.  Also, if the union can't reach a deal with the employer, ultimately the employer could impose its own terms.

This will be a new frontier.  I'm not entirely sure how it will work out for the athletes.  In some cases, it might work out great.  In other cases...maybe "be careful what you wish for" will be the rule of the day.

But if they go on strike will the "Amalgamated Swill and Soda Delivery Union" honor the picket line and make the game dry for those of us that like our suds.

[Benny B]

Could be a big advantage to schools in right to work states

I liked "bib" advantage better.  Why'd you have to go and be all like "I ain't no spelling dummy, dummy."

[StillAWarrior]

I read in another article that if this were to be upheld (which seems unlikely) it would only affect other private schools. We would have to pay our athletes then, too. This could certainly be a recruiting advantage until public schools follow suit. I cant imagine though that schools like Rice and Tulane would be able to offer money to recruits while schools like UCLA and Texas cant.

Just because they join a union doesn't mean you'll have to pay them.  Now, if the DOL decides they're employees...now that's another issue entirely.

[PBRme]

I liked "bib" advantage better.  Why'd you have to go and be all like "I ain't no spelling dummy, dummy."

Yeah, I have trouble typing on my phone

[Tugg Speedman]

saw report where the President of NU said, if this is upheld , he would consider dropping football

NU indeed said this.  But if they have the right to unionize and demand pay, every other school will follow 5 minutes later and they will all be in the same boat.

If this happens, it change college sports in ways we do not understand.

[Tugg Speedman]

Did you know this ...

http://espn.go.com/college-football/story/_/id/10677763/northwestern-wildcats-football-players-win-bid-unionize

"The NCAA invented the term student athlete to prevent the exact ruling that was made today. For 60 years, people have bought into their notion that they are students only. The reality is, players are employees and today's ruling confirms that. The players are one giant step closer to justice."

[tower912]

Like so many other things in our lives right now, this isn't over.    This is just the end of the first inning.   

[StillAWarrior]

NU indeed said this.  But if they have the right to unionize and demand pay, every other school will follow 5 minutes later and they will all be in the same boat.

As I said before, demanding pay is not the same as receiving pay.  But if DOL considers this question and reaches the same conclusion, that would be huge.

If this happens, it change college sports in ways we do not understand.

I agree with that completely.  And quite possibly not in favor of the athletes.

[tower912]

I agree with that completely.  And quite possibly not in favor of the athletes.

If anything, it will hasten the NBA and NFL setting up a minor league system similar to MLB's.    And then where will we all be?

[Spotcheck Billy]

If NU drops D1 football does the BI?10 drop NU?

[Tugg Speedman]

Like so many other things in our lives right now, this isn't over.    This is just the end of the first inning.   

Totally agree but the players won round 1.

As my post above suggests, college players tried this exact thing in the 1950s and lost.  From that fight the term "student-athlete" was coined to differentiate them from employees.  Today's ruling made is now one step further than the 1950s attempt.

[Tugg Speedman]

If NU drops D1 football does the BI?10 drop NU?

No because five minutes after NU unionizes, the rest of the B1G teams unionizes and they are all in the same boat.

[Tugg Speedman]

Like so many other things in our lives right now, this isn't over.    This is just the end of the first inning.  

Also this might clear the way for them to have the vote and actually create a union.  Then, while they fight over its legality, they can start working up a "contract" with NU over pay to play football.  

I'm not saying they will get a contract and get paid.  Rather this ruling does not stop them from starting the process.

From the ruling

http://www.espn.go.com/pdf/2014/0326/espn_uniondecision.PDF

II. DECISION

For the reasons discussed in detail below, I find that players receiving scholarships from the Employer are "employees" under Section 2(3) of the Act. Accordingly, IT IS HEREBY ORDERED that an election be conducted under the direction of the Regional Director for Region 13 in the following appropriate bargaining unit:

Eligible to vote are all football players receiving football grant-in-aid scholarship and not having exhausted their playing eligibility employed by the Employer located at 1501 Central Street, Evanston, Illinois, but excluding office clerical employees and guards, professional employees and supervisors as defined in the
Act.

[ChicosBailBonds]

Did you know this ...

http://espn.go.com/college-football/story/_/id/10677763/northwestern-wildcats-football-players-win-bid-unionize

"The NCAA invented the term student athlete to prevent the exact ruling that was made today. For 60 years, people have bought into their notion that they are students only. The reality is, players are employees and today's ruling confirms that. The players are one giant step closer to justice."

What a load of crap

[ChitownSpaceForRent]

Good for NU. Really proud of Colter and all of them. Though I may need to find a new football team to cheer for im proud of the guys.

[ChicosBailBonds]

Kotler got a free education from one of the best universities in America.  If not for his football prowess, would he have been admitted to NU?  That's question 1.  The benefits he receives for that NU parchment are worth what?  Certainly more than just the dollars for tuition and room\board.  The network contacts, the doors that open for that NU degree have a value, a tremendous value.