Northwestern University Football Players Blocked From Forming Union

Northwestern University appealed. Although an election did take place, the ballots were kept secret pending resolution of the appeal.

While the labor board was reluctant to rule on an issue affecting state-run public schools, given its lack of jurisdiction over them, a federal court ruling on antitrust grounds would apply equally to every school.

The new ruling annuls a 2014 decision by a regional NLRB director in Chicago who said scholarship football players are employees under U.S. law and therefore entitled to organize.

Optimistic union advocates pointed out the board left open for possible future consideration their petition’s fundamental claim that athletes are university employees.

The argument made by the students looking to unionize was based on something that is pretty well known for permeating college sports-money. “It seemed like they shirked their duties”. He appeared at a news conference for the College Athletes Players Association.

This is an odd case – two years in the making. But doesn’t the NLRB exist because labor relations are inherently unstable, since employers and employees have such competing interests? But that clearly would not be the case with college athletics given the lack of an existing union structure.

You can download a pdf of the Northwestern University opinion here.

The board noted that Northwestern is the only private school that is a member of the Big Ten, and, as a outcome, the board can not assert jurisdiction over its competitors. “This decision assumes immaturity on the part of all parties”.

— January 29, 2014: Then-Northwestern quarterback Kain Colter and the United Steelworkers announce plans to create the first union for college athletes at the school north of Chicago.

Northwestern football player Justin Jackson walks to practice at… “Anything we telegraph will be crushed”, Huma says. Not doing it. It is sufficient to note this decision affirms the desire of the NLRB to see the student-athlete/employee question answered by Congress and/or the NCAA member institutions, although not necessarily in that order. The decision was more about jurisdiction and process. Additionally, officials from the school expressed confusion as to why Northwestern was the focus of this push, given that Northwestern isn’t generally regarded as a football powerhouse. The NLRB has no power over state-run schools.

“The NLRB was looking only at varsity football players”. In California, the student employee test asks if the services rendered are related to the student’s educational objectives. Southeastern Conference schools, for example, will give some athletes $3,000 to $5,500 each on top of a scholarship that pays for tuition, room, board and books. Instead, CAPA might try lobbying Congress to improve athletes benefits, as representatives did last March; organizing protests; or calling for an amendment to the National Labor Relations Act to include a definition for college athletes.

“So if the Northwestern University football players had been allowed to unionize, then private universities and colleges could have had unionized football players and public ones couldn’t have”. Practice, travel and games eat into the time athletes have to be students. As it stands, the case maintains the status quo, without ruling on the key issue of private-college-athletes-as-employees. Lamar Alexander (Tenn.), chair of the Senate Committee on Health, Education, Labor and Pensions. The NCAA is appealing that case.

In rejecting the unionization effort by Northwestern University football players, the National Labor Relations Board did not deal with the specifics of their case.

Also, the university has the right to use “replacement” players.