News & Analysis as of

Unions NCAA Educational Institutions

Fox Rothschild LLP

New Game Plan: White House and Congress Move to Clarify Student Athlete Unionization Rights

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Last week, both Congress and President Trump took steps that could reshape how labor and employment laws apply to student athletes in higher education. While neither action will have immediate legal effect, together they...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 3, April 2025

Welcome to our third issue of The Academic Advisor for 2025. In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations: - The...more

Genova Burns LLC

From Backcourt To The Gridiron, Universities Oppose The NLRB’s Enforcement Position Regarding Their Athletes

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On New Year’s Eve, the union attempting to organize Dartmouth College's men’s basketball team dropped its NLRB case after winning a groundbreaking decision in February 2024 from a NLRB Regional Director who decided that the...more

Husch Blackwell LLP

The Labor Law Insider—Dartmouth Men's Basketball Team Unionizes: Air Ball or Nothing But Net?

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In part two of the discussion regarding the successful unionization of the Dartmouth University men’s basketball team, our labor law insiders Tyler Paetkau and Jason Montgomery, along with host Tom Godar, offer analysis and...more

CDF Labor Law LLP

True March Madness: NLRB Declares That Dartmouth Basketball Players Are Employees

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In December, this blog alerted readers that in Memorandum GC 21-08, the National Labor Relations Board’s (NLRB) General Counsel Abruzzo declared that certain student-athletes “at Academic Institutions are employees under the...more

Husch Blackwell LLP

Labor Law Insider—Dartmouth Basketball Team Unionizes: The NLRB Sets a Pick for Unions

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Legendary basketball player Magic Johnson said, “The only thing that matters is the score.” Well, the score is 13 to 2, considering the votes for a union representing the Dartmouth College men’s basketball team. For college...more

Franczek P.C.

Dartmouth Basketball Players Vote to Unionize after NLRB Declares Them Employees

Franczek P.C. on

In a historic election on March 5, 2024, the Dartmouth College men’s basketball team voted 13-2 to unionize. The vote took place exactly one month after an NLRB regional director ruled that Dartmouth men’s basketball players...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - March 2024 #3

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Dartmouth College must bargain with its men’s basketball team after the National Labor Relations Board certified the players’ recent landmark vote to unionize with the Service Employees International Union on Thursday, but a...more

Poyner Spruill LLP

NLRB Determines Varsity Basketball Players Are University Employees

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In September 2023, fifteen members of Dartmouth College’s varsity men’s basketball team sought to join Service Employees International Union, Local 560 (“Union”), which is the “exclusive representative” of Dartmouth...more

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 1

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It wasn’t cash, an NIL deal, or even an athletic scholarship, but it was compensation according to National Labor Relations Board (NLRB) Region 1 Director, Laura Sacks. By providing its men’s basketball team with apparel,...more

Steptoe & Johnson PLLC

Student-Athletes Score Big for Union Rights as NLRB Regional Director Recognizes Dartmouth’s Basketball Team as ‘Employees’

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Higher education has seen a marked increase in labor and union activities on public and private campuses, even reaching historic levels in the past couple of years with campus strikes and organizing by student workers....more

Robinson & Cole LLP

Cash for College Athletes, NIL Only Scratches the Surface

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Allowing college athletes to be paid for their name, image, and likeness (NIL) has changed college sports, but several decisions that are due in the coming months could make college sports unrecognizable. First, several...more

CDF Labor Law LLP

NCAA Proposes Classifying Certain NCAA Student Athletes as Employees

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The National Labor Relations Board (NLRB) has been pushing hard to turn certain Division I college-level student-athletes into employees, at least for purposes of organizing and collective bargaining rights under the National...more

Husch Blackwell LLP

The Labor Law Insider: Recent U.S. Supreme Court, NLRB Decisions Highlight Labor Issues in Higher Education

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Host Tom Godar is joined by two special guests, Tyler Paetkau and Jason Montgomery, for a special Higher Education edition of the Labor Law Insider. In this first part of a two-part podcast, the panel takes on two recent and...more

Jenner & Block

Students or Employees?: The National College Players Association Files Charges Asserting Student Athletes are Employees under the...

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On February 8, 2022, the National College Players Association (NCPA), an advocacy group for college athletes, filed unfair labor practice charges before the National Labor Relations Board (NLRB) against the National...more

Goulston & Storrs PC

Are Student-Athletes Employees or Students? The NLRB General Counsel Issues Non-Binding Guidance

Goulston & Storrs PC on

On September 29, 2021, the National Labor Relations Board’s (NLRB) new General Counsel issued a memorandum that student-athletes at private colleges and universities should be considered employees under the National Labor...more

Akin Gump Strauss Hauer & Feld LLP

NLRB GC Memo Says Certain College Athletes Are Employees, Have Right to Unionize

Key Points - The NLRB’s General Counsel issued a memorandum providing her position that the NLRA protects student-athletes who “perform services for their colleges and the NCAA, in return for compensation” and are...more

Cozen O'Connor

NLRB General Counsel Takes a Bold Stance on Student Athletes

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More than a year and a half after the National Labor Relations Board (NLRB or the Board) ruled that Northwestern University’s football players could not form a union, NLRB General Counsel Richard Griffin announced his...more

Holland & Knight LLP

NLRB Decision on Student-Athlete Unionization a Win for Colleges, But Title IX Still in Play

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The National Labor Relations Board (NLRB) issued a unanimous decision on Aug. 17, 2015, dismissing a petition filed by Northwestern University scholarship football players seeking to unionize under the National Labor...more

Franczek P.C.

NLRB’s Unanimous Decision Is Major Victory for College Sports

Franczek P.C. on

Yesterday, in a highly anticipated decision, the National Labor Relations Board (the Board) declined to exercise jurisdiction over the College Athletes Players Association’s (CAPA) representation petition. CAPA asked the...more

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