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- alz
- Larry Walker
Offline - Registered: 9/23/2010
- Posts: 2,396
Consequences of this could be world shattering for all College sports.
I easily understand how this judgment was reached, and cannot disagree with it. There's a lot of injustice in college athletics when it comes to the athletes participation and reward...
That said, if this catches ground and becomes common.... This could completely destroy college athletics in my opinion. Eligibility, recruiting, switching schools, having to declare for the NFL, no endorsements, and about 9 million other things become really cloudy indeed when you're dealing with employees rights vs student rights.... I'm just wondering the implications of this if it goes to a national level, and I really don't like the outcome...
- forsberg_us
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- Registered: 9/08/2010
- Posts: 9,944
Re: Consequences of this could be world shattering for all College sports.
There are so many legal issues involved I could write a law journal article on them, but a few of the significant ones:
- Unlike professional sports where all players can become members of a single bargaining unit involving a single union, a single union cannot represent all scholarship college football players. The National Labor Relations Act does not apply to state "employers." Therefore, the union that organized the players at Northwestern cannot, by law, represent players at the University of Illinois or any other public institution.
- If you assume unions would have to try to organize the athletes on a campus by campus basis, 24 states currently have "right to work" laws which would prohibit a contractual requirement that all players join the union.
- If the athletes are "employees," then isn't the value of their scholarships/other benefits taxable income? If so, how do they pay the income tax obligation on the value of the income? Wouldn't states with no state income tax have a major advantage in recruiting?
- Northwestern has already indicated its intent to appeal. It's unlikely they would win at the NLRB, but could then appeal to a federal appellate court and subsequently to the US Supreme Court. Should that happen, they're probably facing a 3-5 year legal battle. Assuming that happens, will the union still have a sufficient showing of interest to support an election. Most, if not all of the athletes who signed a union authorization card will have graduated or run out of eligibility while awaiting an election.
It will be interesting to follow.
- artie_fufkin
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- From: God's Little Acre
- Registered: 9/08/2010
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Re: Consequences of this could be world shattering for all College sports.
With the acknowledgement that I'm the least fervent college sports fan on this board, my kneejerk reaction to the NLRB's decision was favorable. But I really need to learn more before I render a truly informed opinion.
That being said, I don't think college athletics will truly ever be "unionized." It's just too impractical, for many of the reasons Fors has laid out. But if the athletes' goal in all this is for the NCAA to acknowledge some of its archaic and unrealistic regulations and practices, then I say, to borrow a phrase, "Fight On."
I was listening to Jay Bilas, who is probably the most informed member of the college sports media, talk about this with Olbermann last night. One of the points he made was if a student-athlete borrows a car from a booster, he can be sanctioned by the NCAA. But if a student-athlete steals a car, he faces no punishment. Maybe from law enforcement or the school itself, but not from the NCAA. That's an astonishing disconnect.
I was also surprised by the comment from one of the Northwestern players who said one of the issues is long-term health care for athletes who are injured in the service of the univeristy. The NCAA's current standards aren't quite as barbaric as leaving someone by the side of the road to die, but there's certainly room to improve.
As both of you have pointed out, this thing is a big, big deal, and it will be worth following.
Last edited by artie_fufkin (3/27/2014 5:54 pm)
- alz
- Larry Walker
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- Registered: 9/23/2010
- Posts: 2,396
Re: Consequences of this could be world shattering for all College sports.
Yeah I don't see how collegiate athletics can function if they have to allow for unions and/or making athletes employees. I was letting my imagination go with "What would happen if the NCAA was bound by labor laws regarding student athletes?"
The consequences of that become a little scary in many areas.
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