The Dartmouth College men’s basketball players’ union, represented by Service Employees International Union (SEIU) Local 560, filed an unfair labor practice charge against the university with the National Labor Relations Board (NLRB). The charge accuses Dartmouth of illegally refusing to negotiate with the union, thus violating the National Labor Relations Act (NLRA).
In March, Dartmouth’s general counsel informed SEIU Local 560 that the university would not engage in bargaining discussions. The university is taking the position that college athletes are not employees. If you saw the movie Dodgeball, you’re likely reminded of the line “It’s a bold strategy Cotton let’s see if it pays off for ‘em.” #IYKYK
This case may have broader implications, potentially setting a precedent for collegiate athletes’ status under traditional labor law. If the NLRB finds that Dartmouth unlawfully refused to bargain, the university can, and likely will, challenge the board’s decision in a federal court.
This all started when Dartmouth men’s basketball players petitioned for a union representation election, following a 2022 memorandum from NLRB General Counsel Jennifer Abruzzo, which suggested that athletes at private universities should be recognized as employees. The NLRB Region 1 Director Laura Sacks agreed with this interpretation, allowing the union vote, which resulted in a majority in favor of unionizing. SEIU Local 560 was subsequently certified as the bargaining representative.
Remember, the NLRA only applies to private sector organizations. Hence why you don’t see similar petitions at public universities.
Interestingly, while Dartmouth has thus far refused to bargain, the players, now considered employees, have not yet sued the school for failure to pay minimum wage under the Fair Labor Standards Act.
The SEIU Local 560’s charge accuses Dartmouth of not bargaining in good faith about employment conditions, which includes aspects such as wages, hours, and other employment-related matters. Dartmouth, however, disputes this, claiming that varsity athletes are students, not employees, and therefore do not fall under the same bargaining obligations as other student workers.
Dartmouth is not opposed in general to bargaining with its student employees. In fact, the school has bargained wages and other working conditions with other unionized Dartmouth students, including those in dining services. But Dartmouth, noting its amateurism obligations to the NCAA and Ivy League conference, hasn’t taken the same step with the basketball players.
At the end of the day, this is another step in a likely long battle about whether NCAA student-athletes are employees. This fight is probably headed to the U.S. Supreme Court, so stay tuned‼️