In the most significant step toward unionizing college sports to date, the National Labor Relations Board on Thursday filed an unfair labor practice complaint against USC, the Pac-12 and the NCAA asking that the school’s athletes be classified as employees.
A November hearing is set before an administrative law judge in a case that could take years to decide. The charge calls on the parties to “cease and desist from mischaracterizing players as non-staff student athletes.” It also calls for these athletes to be reclassified as “employees” in the “Manuals and Rules”.
The complaint follows a February 2022 complaint from the National College Players Association (NCPA), which filed a charge of unfair labor practice. The formal complaint means that the NLRB investigated the charge but failed in negotiations to settle it.
A complaint was largely expected after NLRB General Counsel Jennifer Abruzzo issued a memo in September 2021 that made clear Why are college athletes classified as employees?.
“It’s significant because it brings us one step closer to the Collegiate Athletic Association,” Gabe Feldman, a law professor at Tulane and one of the nationally prominent voices on sports law, said of the move. It is important because it indicates [ruling] It applies not only to private schools but to public schools as well. conferences and the NCAA would be [athletes’] joint employers.
A union effort eight years ago by Northwestern soccer players solely on private school athletes. This is a widespread problem as the Pac-12 and the NCAA are classified as co-employers. Employee status could spread throughout the Pac-12 and beyond considering USC moves up to the Big Ten before the 2024 season.
The charge is another blow against the collectivist paradigm Strongly defended by the NCAA. The league is already facing two significant athlete compensation issues – Housev. NCAA And Johnson vs. NCAA. A pending bill in California would allow athletes revenue-sharing privileges. NCAA President Charlie Baker and the FBS commissioners have been lobbying persistently for a federal NIL bill on Capitol Hill.
Because decisions loom in [those cases]This only increases the possibility, Feldman said, that some outside force will change college athletics. But it also strengthens the NCAA’s argument [that it] Congress needs to step in.”
As part of its handbook, the NLRB showed USC’s social media policy from the school’s student-athlete handbook. It reads in part:
Since anyone can access the Internet, it is recommended that student-athletes not post information—including images and text—and/or join “groups” that do not promote positive behaviour. . . Inappropriate language, behavior, or posts, as well as posts that violate NCAA rules, may result in repercussions from the USC athletic department.
“Regular students are not subject to those kinds of policies. This goes into the issue of ‘control’ by schools over college athletes,” said Michael Hsu, athlete advocate and former University of Minnesota trustee.
In 2021, Hsu filed a labor foul charge against the NCAA with the NLRB. This fee has been suspended while the NLRB handles NCPA fees. NCPA’s fees were narrower because they specifically included USC.
USC has until June 1 to respond. According to Feldman, the case could eventually be appealed to the Supreme Court.