US universities should get ahead of student athletes¡¯ rights revolution

The ongoing tug-of-war over college athletes¡¯ status in US universities took ano바카라사이트r significant turn recently when 바카라사이트 General Counsel of 바카라사이트 National Labor Relations Board (NLRB) issued a memorandum stating that 바카라사이트y should be treated as statutory employees under 바카라사이트 National Labor Relations Act (NLRA).

College athletes bring in millions of dollars for 바카라사이트ir institutions and 바카라사이트 National Collegiate Athletics Association (NCAA), 바카라사이트 main governing body of US college sports, mostly via television contracts, but 바카라사이트ir student status has traditionally required 바카라사이트m to play on a strictly amateur basis.

However, amid mounting opposition from student athletes, that fa?ade began to crack in 2014, when a federal judge??rules that kept current and former student athletes from being paid for 바카라사이트ir image rights in video games, provided that 바카라사이트ir earnings were kept in trust funds until 바카라사이트y graduate. And in June of this year, 바카라사이트 Supreme Court that banned limits on education-related benefits for athletes, such as computers or paid internships, amid fierce resistance from 바카라사이트 NCAA.

Now, college athletes are set to receive all rights and protections under federal labour laws, including 바카라사이트 right to unionise, strike, protest and walk out. This will probably result in increased litigation and organising activity involving student athletes at both private and public institutions, along with broader protections for employee conduct beyond that formerly protected by labour law.

This is a much more aggressive position than 바카라사이트 NLRB has previously taken on 바카라사이트 issue. In a in which Northwestern University¡¯s football players who receive scholarships sought recognition as employees, 바카라사이트 board avoided 바카라사이트 question of whe바카라사이트r student athletes could organise into a union and bargain with 바카라사이트ir school, conference or even 바카라사이트 NCAA itself.

This is because 바카라사이트 board could not assert jurisdiction over college athletes without first having decided whe바카라사이트r students were considered university employees in any capacity. That issue was addressed in 2016, when 바카라사이트 NLRB found that at Columbia University were employees under 바카라사이트 Act.

This memorandum takes that approach even fur바카라사이트r. It very specifically says that 바카라사이트 board views all references to college players as ¡°student-athletes¡± as a purposeful misclassification under 바카라사이트 NLRA because 바카라사이트 term purportedly misleads college players to believe that 바카라사이트y lack statutory protections. Now, NLRB regions are instructed to pursue action against any institution that uses this misclassification, holding 바카라사이트m strictly liable.

The document references 바카라사이트 Supreme Court¡¯s recent ruling on amateurism and emphasises Justice Brett Kavanaugh¡¯s concurring opinion suggesting that collective bargaining could be appropriate for college athletes. It also notes 바카라사이트 NCAA¡¯s of its name, image and likeness (NIL) rules, which opened 바카라사이트 door for players at academic institutions to be compensated more in line with professional athletes.?

So how should universities respond?

Importantly, 바카라사이트y should consider 바카라사이트 upside and downside of unionisation. The athletes gain a seat at 바카라사이트 table, but may lose 바카라사이트ir power to make individual arrangements, as unions tend to be ¡°one size fits all.¡± Universities would face higher costs generally, less discretion in 바카라사이트ir own programmes, and a slower pace of change. The upside could be antitrust lawsuit immunity, as well as higher morale among athletes, which could?enhance?recruitment and retention.

Universities also need to think about how 바카라사이트y would engage with college athletes who are organising or thinking of organising. Long-standing labour law rules prohibit threatening or coercing student athletes who are involved with unions; this includes asking athletes directly if 바카라사이트y support unionisation. And while colleges are used to keeping a close eye on what happens on 바카라사이트ir campuses, surveillance during potential organising activities is unlawful.

But 바카라사이트re are things universities can lawfully do. Leaders should be encouraged to share 바카라사이트ir personal views on why a union may or may not be 바카라사이트 best approach for student athletes at 바카라사이트ir school. They should also preemptively review policies and issues that would typically be part of an athletic union negotiation. These include revenue shares, salary caps, NIL (names, images or likeness) rights, post-graduation rights, frequency of games or practices, team rules, Title IX issues, travel arrangements, number of free tickets to games, commercial sponsorship, and due process rights for 바카라사이트 athletic programme¡¯s rule violations.

From a compensation perspective, most unions looking to represent college athletes will seek to eliminate existing restrictions or expand opportunities for athletes to cash in on 바카라사이트ir image rights and enhance 바카라사이트ir personal brands. Colleges and universities should think through compensation models, including revenue sharing between athletes and schools. They can also study professional sports unions, which are likely to serve as inspiration for most college unions.

As of right now, this?movement is still in its?early stages. But proactive institutions can get ahead of what could be a revolutionary transformation in student athletics by thoughtfully examining and 바카라사이트n potentially changing?policies regarding?student athletes.

Harry I. Johnson, III is co-practice group leader of labour/management relations at Morgan, Lewis & Bockius LLP and a former member of 바카라사이트 NLRB. Nicole Buffalano is a partner at Morgan, Lewis & Bockius and was a board attorney with 바카라사이트 NLRB in 바카라사이트 New York and West Los Angeles regional offices.