The National Labor Relations Board today declined to consider whether football players at Northwestern University were covered under provisions of the National Labor Relations Act (NLRA).
As a result, players at Northwestern University will not be allowed to form a union.
Since Northwestern University is a private institution, and not a state-run university, there was a possibility that its players might have fallen under the rules of the NLRA and be permitted to form a union.
Although any ruling would not apply to state universities, such as the University of Georgia and Georgia Tech, it was thought that a ruling in favor of the Northwestern players would put pressure on other NCAA Division I schools to provide some sort of similar "association" for their athletes.
Today's decision specifically indicated that the NLRB would be open to reconsider the issue at a later date.
From the National Labor Relations Board release issued today (Aug. 17, 2015):
In a unanimous decision, the National Labor Board declined to assert jurisdiction in the case involving Northwestern University football players who receive grant-in-aid scholarships. The Board did not determine if the players were statutory employees under the National Labor Relations Act (NLRA). Instead, the Board exercised its discretion not to assert jurisdiction and dismissed the representation petition filed by the union.
In the decision, the Board held that asserting jurisdiction would not promote labor stability due to the nature and structure of NCAA Division I Football Bowl Subdivision (FBS). By statute the Board does not have jurisdiction over state-run colleges and universities, which constitute 108 of the roughly 125 FBS teams. In addition, every school in the Big Ten, except Northwestern, is a state-run institution. As the NCAA and conference maintain substantial control over individual teams, the Board held that asserting jurisdiction over a single team would not promote stability in labor relations across the league.
This decision is narrowly focused to apply only to the players in this case and does not preclude reconsideration of this issue in the future.
Additional information on this case can be found here.
