NLRB: Players can unionize

[ljudge]

Interesting ruling by the National Labor Relations Board:

http://news.msn.com/us/college-athletes-can-unionize-federal-agency-says

[bossman72]

Not what college athletics is all about...  this will ruin the game

[Etref]

NCAA should immediately declare them ineligible as being employees and in violation of NCAA rules!

[Johnponz]

If the NCAA would do such a thing it would be illegal retaliation for "employees" exercising their rights under the National Labor Relations Act. 

There will be an appeal to the NLRB.  However, with the composition of the current Board you should not hold your breath for a sensible ruling.  It could then be appealed to the Federal Courts, but they generally show a high deference to the Board's rulings.

The best way to handle this situation is for Congress to pass a law carving out an exception for college sports.

Unfortunately, football at the D1 FBS level is big business at this point, and there is probably no going back.  I agree that this is bad for College Football, and if it is allowed to stand, these games will become nothing more than another professional level. 

It's sad (and I mean this in an emotional way).  If interested the actual ruling can be found at the following web site:

http://www.nlrb.gov/news-outreach/news-story/nlrb-director-region-13-issues-decision-northwestern-university-athletes

[Diablo]

Not what college athletics is all about...

Major college football crossed that line many years ago.

If the opinion is upheld down the road, it will not affect only D1 FBS football.  It eventually could alter the landscape for all major college sports (men and women) and possibility D2 & D3. 

[Rulesman]

If the opinion is upheld down the road, it will not affect only D1 FBS football.  It eventually could alter the landscape for all major college sports (men and women) and possibility D2 & D3.

Title IX took care of that.

[AlUpstateNY]

Title IX took care of that.

When you burn down the barn, it deprives all the resident animals shelter, regardless of gender, purpose, ability or need.

The higher education world will not perish with the elimination of collegiate sports, but it will be far less of the positive place it now is, for what purpose? 

[bossman72]

Major college football crossed that line many years ago.

If the opinion is upheld down the road, it will not affect only D1 FBS football.  It eventually could alter the landscape for all major college sports (men and women) and possibility D2 & D3. 

What nobody realizes is that only like 20 schools MAX make a profit from football.  The expenses are huge.  Plus, football pays for the other sports teams that don't make any money at all (track, swimming, women's anything).

Additionally, this could cripple D1-AA, D2, and D3.

Everybody wants money... nobody takes into consideration where it comes from

[Osric Pureheart]

Has anyone actually read the list of issues that they wish to bargain on?  From their own website.

http://www.ncpanow.org/about/mission-goals

1. Minimize college athletes’ brain trauma risks.

Despite record revenues, the NCAA and conferences have done little to reduce the risks of brain trauma among college athletes.  The NCPA Players Council developed the Concussion Awareness and Reduction Emergency (CARE) Plan, which should be adopted immediately.  The CARE Plan includes, reduced contact during practices, independent concussion experts on sidelines during games, and using a portion of new football playoff revenues for research and support for current and former players.

 

2. Raise the scholarship amount.

The NCAA admits that a "full scholarship" does not cover the basic necessities for a college athlete, but it refuses to change its rules to allow schools to provide more scholarship money.  The NCPA's plan is to use a relatively small percentage of new TV revenues to assist universities in providing scholarships that equal each college’s cost of attendance.

 

3. Prevent players from being stuck paying sports-related medical expenses.

The NCAA does not require schools to cover sports-related injuries – it's optional.  College athletes injured during sports-related workouts should not have to pay for medical expenses out of their own pockets.

 

4. Increase graduation rates.

The ultimate goal for a college athlete is not a scholarship, it's a degree.  Federal graduation rates for Division I football and men's basketball players hover around 50%.  The NCAA and its member colleges should invest a portion of new TV revenue into continuing education to improve graduation rates.  In addition, the NCAA should work to reduce games that take place during the week.  Although weekday games are in the interest of the TV networks, they hurt college athletes academically.

 

5. Protect educational opportunities for student-athletes in good standing.

If a coach eliminates the scholarship of a student-athlete that abides by academic, athletic, and conduct requirements, the athletic program should replace it with a non-athletic scholarship to allow the student-athletes to continue his/her education.

 

6. Prohibit universities from using a permanent injury suffered during athletics as a reason to reduce/eliminate a scholarship.

Such actions reduce the chance for such college athletes to graduate.  College athletes put their bodies and lives on the line in their pursuit of higher education and the success of their university's athletic program.  It is immoral to allow a university to reduce or refuse to renew a college athlete's scholarship after sustaining an injury while playing for the university.

 

7. Establish and enforce uniform safety guidelines in all sports to help prevent serious injuries and avoidable deaths.

Several deaths in the college football off-season have highlighted the need for year round safety requirements that provide an adequate level of protections for college athletes from all sports.  College athletes and athletic staff should be given the means to anonymously report breaches in such safety requirements.

 

8. Eliminate restrictions on legitimate employment and players ability to directly benefit from commercial opportunities.

College athletes should have the same rights to secure employment and generate commercial revenue as other students and US citizens.  Such a measure could be designed to increase graduation rates and allow universities to retain the most talented athletes for the duration of their eligibility.

 

9. Prohibit the punishment of college athletes that have not committed a violation.

It is an injustice to punish college athletes for actions that they did not commit i.e. suspending a team's post-season eligibility for the inappropriate actions of boosters.  Such punishments have significant negative impacts on the short college experience of many college athletes.  Alternative forms of punishment are available and should be utilized to allow an adequate policing of the rules.

 

10. Guarantee that college athletes are granted an athletic release from their university if they wish to transfer schools.

Schools should not have the power to refuse to release college athletes that choose to transfer.  Under NCAA rules, players that transfer without a release not only have to sit out a year, they cannot receive an athletic scholarship for a year.  This contradicts the educational mission and principle of sportsmanship that the NCAA is supposed to uphold.

 

11. Allow college athletes of all sports the ability to transfer schools one time without punishment.

College athletes that participate in football, basketball, baseball, and ice hockey should not be denied the one-time no-penalty transfer option that is afforded to college athletes of other sports.  Such a policy is coercive and discriminatory.  All college athletes should have this freedom to ensure that they realize their academic, social, and athletic pursuits.

None of those things are "we want stipends for all players in all sports at all levels", or even close to it.  The closest items there are closing the gap between a "full ride" and actually covering the entire cost of attendance, and allowing players to benefit financially from the exploitation of their image rights.

And yes, they've also thought about where the money for closing the scholarship shortfall should come from: http://www.ncpanow.org/about/the-11-billion-plan

[Johnponz]

The problem is that this would be a first collective bargaining agreement.  It is human nature and the nature of Unions to want more in subsequent negotiations.  All of these items could have been presented without a 3rd party Union in the mix.  I am sure when the employees of GE and Ford started the unionization process their motives were pure.  You can see where that road has led.

Collective bargaining has no place in amateur athletics, and this is not a road we should travel.  It is really too bad that anyone sees these students as "employees."  I actually understand the logic of the NLRB ruling, and it is a real shame that this is what college athletics has become, but as was stated earlier there probably in no going back.

Congress really should say Unionization has no place in a college athletic program where the athletes are concerned, but that probably will not happen either.

Once this door is open it may not be the end of college sports, but they will be ever changed. You saw this sort of thing first in the Olympics and  now in College sports.  Where can people go just to see talented athletes play for the "love of the game?"

[Rulesman]

Where can people go just to see talented athletes play for the "love of the game?"

Division 3

[TxSkyBolt]

Don't confuse them with the facts Osric.


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[TxSkyBolt]

If the NCAA would do such a thing it would be illegal retaliation for "employees" exercising their rights under the National Labor Relations Act. 

There will be an appeal to the NLRB.  However, with the composition of the current Board you should not hold your breath for a sensible ruling.  It could then be appealed to the Federal Courts, but they generally show a high deference to the Board's rulings.

The best way to handle this situation is for Congress to pass a law carving out an exception for college sports.

Unfortunately, football at the D1 FBS level is big business at this point, and there is probably no going back.  I agree that this is bad for College Football, and if it is allowed to stand, these games will become nothing more than another professional level. 

It's sad (and I mean this in an emotional way).  If interested the actual ruling can be found at the following web site:

http://www.nlrb.gov/news-outreach/news-story/nlrb-director-region-13-issues-decision-northwestern-university-athletes

Yeah, that's just what we need, Congress getting involved in yet another area they have no constitutional authority to regulate. 


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[Cowman52]

NCAA needs to get off their high horse and get in step with the real world.  Athletes financial doings are more restricted than a husband's in a nasty divorce.  This is not allowed, that is not allowed, and they wonder why athletes are " one and done".   If some kid doesn't have a financial background of say Johnny Manziel,  he is tied to the school and his " laundry money" to make ends meet.  The NCAA can hide behind amateur all they want,  but their member schools just don't want to part with the money.

[Osric Pureheart]

Don't confuse them with the facts Osric.

In what way are they not facts?  It's what they want.  What does the union gain by publishing a list of proposals and then switching them out for something else when it comes time to negotiate?

And what are they asking for that's so unreasonable?

The problem is that this would be a first collective bargaining agreement.  It is human nature and the nature of Unions to want more in subsequent negotiations.  All of these items could have been presented without a 3rd party Union in the mix.

I'm confused about something. 

The NCAA exists because the governance of early football was a mess without it, when it was just individual schools trying to organise things ad-hoc and without coordination.  Colleges found that they collectively were in a better position to be part of the NCAA and to act with one voice, which has subsequently lent them all kinds of advantages in organising all kinds of things beyond football - and it's helping them in this situation, because they can get together, work out a position that protects their interests, and then form a united front to defend them.

Why is it okay for the colleges to have an association to look out for their interests, but individual players have to go it alone, without the benefits of being able to collectively organise?

[TxSkyBolt]

Osric I think my Yankee humor is lost on you.


"Them" refers to those jumping on the "sky is falling, this will be the end of college athletics" crowd.

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[bossman72]

Some rebuttals to their demands:

1. Minimize college athletes’ brain trauma risks.

I believe they have been pretty pro-active about this with the rule changes.  I don't think practice regulations are necessary.
 

2. Raise the scholarship amount.

If they want to raise the stipend for ALL athletes EQUALLY, then I'm all for this.

 

3. Prevent players from being stuck paying sports-related medical expenses.

Agreed - the institution should pay for these.  Basically how it works was that you had to put your insurance as primary, then the University as secondary.  Whatever your insurance didn't cover, the university did.

 

4. Increase graduation rates.

That is emphasized at nearly every single institution.  I don't even know why that's a demand.  There are all kind of programs set up to help players.  It's a matter of the players wanting to do it.

 

5. Protect educational opportunities for student-athletes in good standing.

If a coach eliminates the scholarship of a student-athlete that abides by academic, athletic, and conduct requirements, the athletic program should replace it with a non-athletic scholarship to allow the student-athletes to continue his/her education.

Assuming the athlete maintains good grades that meets an academic scholarship standard, then I agree.

 

6. Prohibit universities from using a permanent injury suffered during athletics as a reason to reduce/eliminate a scholarship.

Same as above - give him an academic scholarship.

 

7. Establish and enforce uniform safety guidelines in all sports to help prevent serious injuries and avoidable deaths.

Several deaths in the college football off-season have highlighted the need for year round safety requirements that provide an adequate level of protections for college athletes from all sports.  College athletes and athletic staff should be given the means to anonymously report breaches in such safety requirements.


I can just see every tough workout or punishment run getting reported by cry baby players.  haha
 

8. Eliminate restrictions on legitimate employment and players ability to directly benefit from commercial opportunities.

College athletes should have the same rights to secure employment and generate commercial revenue as other students and US citizens.  Such a measure could be designed to increase graduation rates and allow universities to retain the most talented athletes for the duration of their eligibility.

This is where it gets slippery.  Athletes will choose schools based on how much money/endorsements/exposure they can get instead of choosing the school based on the merits of the football program and of the university.  This will certainly make the playing field uneven.

 

9. Prohibit the punishment of college athletes that have not committed a violation.

It is an injustice to punish college athletes for actions that they did not commit i.e. suspending a team's post-season eligibility for the inappropriate actions of boosters.  Such punishments have significant negative impacts on the short college experience of many college athletes.  Alternative forms of punishment are available and should be utilized to allow an adequate policing of the rules.

So you can violate all the scholarship restrictions and money restrictions you want and not miss the post season?  Yeah, that sounds reasonable.

 

10. Guarantee that college athletes are granted an athletic release from their university if they wish to transfer schools.

Schools should not have the power to refuse to release college athletes that choose to transfer.  Under NCAA rules, players that transfer without a release not only have to sit out a year, they cannot receive an athletic scholarship for a year.  This contradicts the educational mission and principle of sportsmanship that the NCAA is supposed to uphold.

11. Allow college athletes of all sports the ability to transfer schools one time without punishment.

College athletes that participate in football, basketball, baseball, and ice hockey should not be denied the one-time no-penalty transfer option that is afforded to college athletes of other sports.  Such a policy is coercive and discriminatory.  All college athletes should have this freedom to ensure that they realize their academic, social, and athletic pursuits.


This sounds like a good idea in theory... but this will enable other college coaches to recruit at other universities.  You'll see guys jumping ship to the good teams all the time.

[StudyingFutureZebra]

"...would require only $52 million per year..."

Only? $52 million isn't a lot of money? Normally I'm a big union supporter, but I really don't see the need here. It's not like these guys have spouses/kids to feed by doing this...

[Johnponz]

Yeah, that's just what we need, Congress getting involved in yet another area

Of course Congress is involved.  They are the body that created the National Labor Relations Act.  Without Congress, there would be no framework for unionization to begin with and no NLRA to enforce.

[Osric Pureheart]

"...would require only $52 million per year..."

Only? $52 million isn't a lot of money? Normally I'm a big union supporter, but I really don't see the need here. It's not like these guys have spouses/kids to feed by doing this...

In the context of a television contract which is worth $770 million, no it isn't.  It's 6.75% of the yearly income given by the contract.  Even the $104 million they're asking for (to close the gap for female athletes as well) would be 13.5% of this contract; and that's not the only contract for TV rights in college basketball.  Also consider that that would be enough to cover the scholarship shortfall for football as well as for basketball, and we're all well aware of the stupid amounts of money flying around in the contracts that have just been signed for football...

Now consider that the scholarship shortfall and other financial pressures left Arian Foster and teammates in a position where they literally couldn't afford to pay their rent, or have food in their fridge (schools are allowed to provide three meals a day, and the rules around that have been accused of being far too restrictive), without taking money from boosters.  This is the part of the flawed SI investigation into Oklahoma State that I found most interesting, but nobody really wanted to talk about too much (certainly not SI themselves; it didn't fit their angle):

At Oklahoma State the bonus system, the booster and coach payouts, and the bogus jobs provided players with money that was seldom spent on extravagances. One or two standouts bought a new car or expensive jewelry, team members say, but the vast majority of the players used the extra cash to purchase everyday items -- food, clothing, tickets to a movie. "There were some athletes who were almost starving," says [Fath'] Carter. "Wherever the money came from, they were like, Yeah, I'll take that."

Surely the least you can do for someone who's a part of the team that directly brings millions of dollars to your institution is make sure they can afford basic necessities?

[DeepGuy]

So they are in essence employees and the scholarship amounts to pay.  Has anyone considered the following:
1. Their scholarship is now taxable.  Northwestern is about $80k per year.  That means at minimal, the athlete has to write a check to the IRS for $12k.
2.  Their scholarship is a contract.  Thus a school can require such contract for 4 years.  If they break the contract and sign with NFL, NBA, etc... They will likely have to pay the money back for breaking  the contract.

[bossman72]

Honestly, how do regular students afford meals when they have to pay tuition as well?  The non-athletes have no sympathy for them.

D1 athletes get anywhere between 900-1200 per month to help with living expenses (rent and food).  Find a cheaper place to live and get some roommates like everybody else in college.

If guys come from low income households, they have Pell grants to help too.

Although athletes can certainly live under the current rules, I always thought the NCAA regulation on how much food they can get is stupid though.  If teams want to feed them, they should be allowed to go to their cafe or training table and get whatever.

[Johnponz]

For Deep Guy:

1.  IRS definition of "employee," and "NLRB's" definition are different so the NLRB ruling does not necessarily translate to the IRS.

2.  Is one of the items that would be negotiated.

[Rulesman]

IRS definition of "employee," and "NLRB's" definition are different so the NLRB ruling does not necessarily translate to the IRS.

So when it comes to the rubber meeting the road whose definition do you honestly think will prevail?

[Arbitrator]

 

You can bet your boots that if it ever reaches the USSC(Supreme Court), it's going to get quickly struck down! 


Now if they should summarily uphold it, then maybe the UIL Texas Public High Schools should unionize against  Manor Road!